Patna High Court
Kavindra YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
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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