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Patna High Court

PAWANDEO YADAVversusSTATE OF BIHAR

Decided
Disposal
CONSIGNED

Holding

The appeal is infructuous and is consigned to the records because the appellant has completed his sentence and been released.

Summary

The appellant, Pawandeo Yadav, filed a criminal appeal in 2010 which remained pending for several years with no appearance on his part. The Court appointed Ms. Anisha Sinha as Amicus Curiae to obtain information on whether the appellant had completed his sentence. It was reported that the appellant had been in custody from 28‑10‑2009 to 11‑12‑2012 and was released on 11‑12‑2012 after remission under Section 432 of the Criminal Procedure Code. Both the Amicus Curiae and the State counsel confirmed the appellant's release. In view of this, the Court held the appeal to be infructuous and consigned it to the records, also directing a modest fee for the Amicus Curiae's services.

Issues considered

  • Whether the criminal appeal remains maintainable when the appellant has completed the sentence and been released.

Legislation cited

Subjects

  • criminal appeal
  • remission
  • Section 432 CrPC
  • infructuous appeal
  • amicus curiae
  • pending case

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.13 of 2010
                  ======================================================
                  Pawandeo Yadav, S/o Late Siyaram Yadav, R/o Vill.- Situaha, P.S.-Salkhua,
                  Dist.- Saharsa.
                                                                           ... ... Appellant/s
                                                  Versus
                  State of Bihar
                                                                        ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s   :       Ms. Anisha Sinha, Amicus Curiae.
                  For the State         :       Mr. Abhay Kumar, APP.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

11   31-03-2026                   Heard Ms. Anisha Sinha, learned Amicus Curiae and

                    Mr. Abhay Kumar, learned APP for the State.

                                 2. The present appeal has remained pending since

                    2010 after it having been admitted on 19.01.2010. The matter

                    was taken up on several occasions, but no one appeared on

                    behalf of the sole appellant. A coordinate Bench of this Court

                    vide order dated 10.07.2025 had appointed Ms. Anisha Sinha, as

                    Amicus Curiae.

                                 3. Vide order dated 02.02.2026, a report was called for

                    as to whether the appellant has completed the sentence imposed

                    against him in connection with Sessions Trial No. 153 of 1998,

                    arising out of Sakhua P.S. Case No. 22 of 1998 within four

                    weeks from the Superintendent of Police, Saharsa and the Jail

                    Superintendent, Saharsa.

                                 4. Today, Mr. Abhay Kumar, learned APP as per the

                    information contained in Letter No. 1321 dated 23.03.2026 of
          Patna High Court CR. APP (SJ) No.13 of 2010(11) dt.31-03-2026
                                                       2/2




                    the Superintendent, Divisional Jail, Saharsa informs that the

                    appellant after remaining in custody from 28.10.2009 to

                    11.12.2012 has been given the benefit of remission in

                    accordance with Section 432 Cr.P.C. and he has been released

                    on 11.12.2012.

                                 5. Ms. Anisha Singh, learned Amicus Curiae points

                    out this Court that she has also received information in this

                    regard that the appellant has been released.

                                 6. In view of the aforesaid information, the present

                    criminal appeal having become infructuous stands consigned to

                    the records.

                                 7. This Court appreciates the due indulgence and the

                    effort taken by Ms. Anisha Sinha, learned Amicus Curiae and

                    Mr. Abhay Kumar, learned APP for having endeavoured to

                    obtain information from the Superintendent of Police, as well

                    as, Superintendent, Divisional Jail, Saharsa.

                                 8. The Patna High Court, Legal Services Committee

                    is, hereby, directed to pay a sum of Rs. 5,000/- (Rupees Five

                    Thousand) to Ms. Anisha Sinha, learned Amicus Curiae, as

                    consolidated fee, for rendering her valuable professional

                    service.


                                                              (Purnendu Singh, J)
mantreshwar/-
U


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