ORDER

Date : 13.09.2024 Heard Mr. T. Chutia, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State.

2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, Md. Mustafa Ahmed and Md. Raisuddin, have prayed for bail in connection with Sonapur P.S. Case No. 157/2024 under Section 3(5)/303(2)/317(2) of BNS, 2023 r/w Section 11(1)(a)(b)(d) of Prevention of Cruelty to Animal Act, 1960 and r/w Section 13(1)/14 of Assam Cattle Preservation Act, 2021.

3. The learned counsel for the petitioners submits that the petitioner No. 1 is the driver of the vehicle bearing Regd. No. AS-01-QC-8755 from which 34 numbers of cattle had recovered. The petitioner No. 2 is the handyman of the said vehicle. It is also submitted that the petitioners have been detained in custody for last 46 days since their arrest on 28.07.2024. Considering the period of detention as well as the background of the case, the petitioners may be enlarged on bail.

4. On the other hand, Mr. Sarma, learned Additional Public Prosecutor for the State submits that the petitioner No. 1 is the habitual