Page No.# 1/2 GAHC010010042026 2026:GAU-AS:3441 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./170/2026 HANIF ALI S/O SHOHOR ALI VILL- TAKIMARIP.O. JALESWAR P.S. LAKHIPUR DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. J UDDIN,MD. ANARUL ISLAM,MR. M ALI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MRIDUL KUMAR KALITA O R D E R 09.03.2026 Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. M. Ali, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor. Page No.# 2/2 Learned senior counsel for the petitioner has submitted that by order dated 20.02.2026, the records of the Trial Court were called for the purpose of verifying as to whether notice under Sections 47 and 48 of BNSS were duly served. However, he submits that even the compliance of Section 36 of the BNSS is not there. Learned senior counsel for the petitioner further submits that since non-compliance or compliance of mandatory provisions of law is a question of law, it can be taken at any point of time. However, when this Court insisted that whether any such pleadings is there regarding non- compliance of Section 36 of the BNSS in the bail application, learned senior counsel sought leave of this Court to allow the petitioner to withdraw this instant bail application with liberty to file afresh taking the said plea therein. The prayer is allowed. This bail application is dismissed on withdrawal and the liberty sought for is granted. JUDGE Comparing Assistant