Patna High Court

Arjun ChaudharyversusThe State of Bihar

Decided: 13 May 2026
Disposal: BAIL REJECTED
Bench: RAJIV ROY

Holding

The Court rejected the petitioner's request to withdraw the criminal miscellaneous petition.

Summary

Arjun Chaudhary, fearing arrest in a 2013 case under sections 47(a) and F of the Bihar Prohibition and Excise Act, 2016, filed a criminal miscellaneous petition in 2026. He later sought to withdraw the petition so that he could apply for bail. The State opposed, noting the FIR was over a decade old. The petitioner’s counsel argued for liberty to withdraw the petition. The Court considered whether a petition filed after such a long lapse could be withdrawn and whether the request should be granted. Justice Rajiv Roy rejected the petitioner's request to withdraw the petition, thereby keeping the petition pending.

Issues considered

Whether a criminal miscellaneous petition filed after a long lapse can be withdrawn at the petitioner's request
Whether the court should permit withdrawal to enable the petitioner to seek bail

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 47(a), F

Subjects

criminal procedure
petition for withdrawal
bail
statute of limitations
prohibition act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30469 of 2026
                   Arising Out of PS. Case No.-31 Year-2013 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Arjun Chaudhary Son of Bhoju Chaudhary Resident of village- Jarhia, P.S-
                 Sitamarhi, Dist- Nawada

                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Akhilesh Kumar, Adv.
                 For the Opposite Party/s :    Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-05-2026                       Heard learned Counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in

                   connection with G.O Case no. 31 of 2013 for the offence

                   registered under sections 47(a) and F Bihar Prohibition and

                   Excise Act, 2016.

                                3. At the outset, learned APP, Mr. Jitendra Kumar

                   Singh submits that the FIR is of the year 2013 and the

                   petitioner has moved before this Court in the year 2026.

                                4. After some argument, learned counsel for the

                   petitioner submits that he may be permitted to withdraw the

                   petition to take appropriate steps for seeking bail.

                                5. Granting said liberty, Cr. Misc. No. 30469 of
            Patna High Court CR. MISC. No.30469 of 2026(2) dt.13-05-2026
                                                        2/2




                      2026 is rejected.



                                                     (Rajiv Roy, J)
Vijay
Singh/Sanny Patel

U       T

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