Allowed

Khagen Gogoi v. the Sttae of Assam

Gauhati HC13 Sept 2026Bail Appln./2716/2026

Case brief

AI extract

What is this about?

The Gauhati High Court granted regular bail to the petitioner, charged with illegal transportation of cattle under BNS and PCRA sections, finding further detention unnecessary despite prior refusal by the lower court.

What did the court decide?

Bail allowed on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount, subject to the satisfaction of the learned Judicial Magistrate, Lakhimpur, Assam.

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GAHC010199352026

2026:GAU-AS:13545

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./2716/2026

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KHAGEN GOGOI

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S/O HIRANYA GOGOI, R/O VILL.- MOHBUL GAON, P.O. P.S.- GHILAMARA, DIST.- LAKHIMPUR,

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VERSUS

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THE STTAE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : R L CHUTIA, MR A KHANIKAR

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Advocate for the Respondent : PP, ASSAM,

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B E F O R E

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HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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14.09.2026

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Heard Mr. A Khanikar, learned counsel for the petitioner. Also heard Ms. S H

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Bora, learned Public Prosecutor for the State of Assam.

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2. This is an application under Section 483 of the BNSS, 2023, for grant of

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regular bail to the petitioner, namely Khagen Gogoi, who was arrested on 04.09.2026, in connection with Ghilamar P.S. Case No. 43/2026, registered under Sections 303(2)/317(2)/3(5) of the BNS, 2023, read with Section 11(1)(a) of the Prevention of Cruelty to Animals Act, 1960, and Section 13(1) of the Assam Cattle Preservation Act, 2021.

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3. The brief facts of the case is that that on 03.09.2026, ASI Sunanda Deka of Ghilamara Police Station lodged an FIR before the same Police Station stating inter alia that, on the basis of reliable information regarding illegal transportation of cattle, he, along with his staff intercepted a Mahindra Jeeto vehicle at about 09:30 A.M., bearing Registration No. AS 07-BC 8602 at Bordoibam via Dhakuahkhana-Gogamukh Road and apprehended the petitioner along with two other persons, as well as the vehicle carrying seven suspected stolen cattle.

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4. It is submitted that the petitioner is a driver of the vehicle and it is reflected in the bail rejection order dated 05.09.2026, passed by the learned Magistrate that the learned counsel for the petitioner had produced the original of the documents relating to the purchase of the cattle. It is, therefore, submitted the ingredients of Section 303(2) and 317(2) of the BNS, read with Section 3(5) of the BNS, are not attracted in the present case. The FIR also

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reveals that there is no specific allegations of any overact against the petitioner.

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Further, the offence under Section 13(1) of the Assam Cattle Preservation Act, 2021, attracts a maximum penalty of three years imprisonment only.

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5. It is also noted that the forwarding report, the I.O had not sought police remand of the petitioner.

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6. The learned Addl. Public Prosecutor prays for calling for the CD. However, having regard to the aforesaid facts, I am of the view that further detention of the petitioner is not necessary. Accordingly, the prayer for bail is allowed on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount,

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subject to the satisfaction of the learned Judicial Magistrate, 1^st Class, Dhakuakhana Sub-divisional Court, Lakhimpur, Assam.

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7. The petitioner shall co-operate with the remaining part of the investigation, and shall appear before the I.O as and when required.

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8. The bail petition stands disposed of as allowed.

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JUDGE

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Comparing Assistant

Khagen Gogoi v. the Sttae of Assam

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Khagen Gogoi v. the Sttae of Assam

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