Patna High Court

Bali Chaudhary @ Baliram ChaudharyversusThe State of Bihar

Decided: 21 May 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

The anticipatory bail application is dismissed as withdrawn.

Summary

The petitioner, Bali Chaudhary, feared arrest in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. He filed an anticipatory bail application before the High Court. During the hearing, the petitioner was subsequently arrested and chose to withdraw the application. The court, noting the withdrawal, dismissed the anticipatory bail petition. No substantive merits of the bail request were examined as the petition was withdrawn.

Issues considered

Whether anticipatory bail can be granted when the petitioner has already been arrested
Whether the anticipatory bail application stands after the petitioner withdraws it

Legislation cited

Bihar Prohibition and Excise (Amendment) Act — s. 30(a)

Subjects

anticipatory bail
withdrawal of petition
criminal procedure
Bihar Prohibition and Excise Amendment Act
arrest

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.28737 of 2026
                    Arising Out of PS. Case No.-110 Year-2026 Thana- BAIRIYA District- West Champaran
                  ======================================================
                  Bali Chaudhary @ Baliram Chaudhary Son of Rajwanshi Chaudhary Resident
                  of Village - Bariya Tiwari Tola Ward no. 5, P.S. - Bairiya, Dist. - West
                  Champaran.                                              ... ... Petitioner/s
                                                  Versus
                  The State of Bihar                              ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Niraj Kumar Sharma, Advocate
                  For the Opposite Party/s :       Mr.Ramesh Chandra, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

2    21-05-2026                  Learned counsel for the petitioner undertakes to

                    remove the defect(s).

                                 2. Heard the parties through virtual mode.

                                 3. The petitioner is apprehending arrest in connection

                    with Bairiya P.S. Case No. 110 of 2026 instituted under Section

                    30(a) of the Bihar Prohibition and Excise Amendment Act

                    lodged on 27.02.2026 by the informant, Rajiv Kumar.

                                 4. The prayer has been made for withdrawal of the

                    petition as the petitioner stands arrested.

                                 5. Accordingly, the anticipatory bail application stands

                    dismissed as withdrawn.



                                                   (Rajiv Roy, J)
Ravi/S.Prasad

U      T

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