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Patna High Court

Kavindra YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is disposed as infructuous because the appellant was arrested during the pendency of the appeal.

Summary

The appellant, Kavindra Yadav, filed a criminal appeal before the Patna High Court. During the pendency of the appeal, the appellant was arrested. The appellant’s counsel argued that the arrest rendered the appeal infructuous. The court considered whether an appeal can be dismissed solely on the ground of the appellant’s arrest. Finding that the arrest indeed made the appeal incapable of further proceeding, the court disposed of the appeal as infructuous. No further orders were made.

Issues considered

  • Whether an appeal becomes infructuous and must be dismissed when the appellant is arrested during its pendency.

Subjects

  • criminal appeal
  • infructuous appeal
  • arrest
  • disposal
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1390 of 2024
                        Arising Out of PS. Case No.-123 Year-2023 Thana- SIGAUDI District- Patna
                 ======================================================
                 Kavindra Yadav Son of Dev Yadav @ Loha Yadav Resident of Village-
                 Bauwan, Post Kinjer P.S. Sigori, District-Patna, Bihar-804423
                                                                               ... ... Appellant
                                                    Versus
           1.     The State of Bihar.
           2.    Kiran Kumari W/o Shambhu Kumar Vill. and P.O. Bauan, P.S. Sigori,
                 District-Patna.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Rakesh Kumar Singh
                 For the Respondent/s    :        Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   06-02-2026                  It has been submitted by learned counsel for the

                   appellant that the appellant has been arrested during pendency

                   of the appeal rendering this appeal to be infructuous.

                                2. Accordingly, this appeal stands disposed of as

                   having become infructuous.



                                              (Praveen Kumar, J)
Pawan/-

U


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