Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010149242026
2026:GAU-AS:11684
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1651/2026 BIDYUT BISWAS S/O- LATE NANDA DULAL BISWAS, R/O- BABUPARA, WARD NO. 11, P.S - BONGAIGAON BONGAIGAON, ASSAM PIN 783380 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
2:SHIPRA MANDAL (INFORMANT) W/O DEBAJIT MANDAL @ ANANDA RESIDENT OF NETAJI NAGAR PAULPARA WARD NO.9 P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN-78338 Advocate for the Petitioner : RAKESH DHAR, Advocate for the Respondent : PP, ASSAM,
Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17.08.2026 Heard Mr. R. Dhar, learned counsel for the accused applicant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam.
2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused applicant in connection with Bongaigaon P.S. Case No. 51/2026, registered under Sections 140(3), added Section 65(1)/127(2) of the BNS, 2023, read with Section 4 of the POCSO Act.
3. Mr. Sharma, learned Addl. P.P., has raised a preliminary objection that Section 482(4) of the BNSS provides that the provisions of Section 482 shall not apply to any case involving an allegation of commission of an offence under Section 65 or Section 70(2) of the BNS, 2023. He submits that, since the accused applicant is an accused, inter alia, of having committed an offence under Section 65(1) of the BNS, 2023, the instant anticipatory bail application is not maintainable.
4. Confronted with the aforesaid preliminary objection, learned counsel for the accused-applicant submits that he does not wish to press the instant anticipatory bail application and seeks permission to withdraw the same.
5. In view of the aforesaid, the instant anticipatory bail application is dismissed as not pressed.
6. The Case Diary to be sent back. JUDGE Comparing Assistant