Patna High Court

Bittu Kumar @ Bittu YadavversusThe State of Bihar

Decided: 16 February 2026
Disposal: DISMISSED
Bench: CHANDRA SHEKHAR JHA

Holding

The appeal is infructuous and must be dismissed because the matter has already been disposed of by the Judicial Board.

Summary

The appellant, Bittu Kumar, filed a criminal appeal (SJ) No.3084 of 2025 and a criminal revision No.745 of 2024 before the Patna High Court challenging a conviction by the State of Bihar. The court examined the report from the District and Sessions Judge, 1st-cum-Special Court, Madhepura, dated 02‑02‑2026, which indicated that the matter had already been disposed of by the Judicial Board on 21‑01‑2026. On this basis, the court held that the pending appeal could no longer be entertained. Consequently, the appeal was declared infructuous. The High Court dismissed the appeal as it had become moot.

Issues considered

Whether an appeal remains maintainable when the subject matter has already been disposed of by a competent authority.

Subjects

criminal appeal
infructuous appeal
jurisdiction
disposal of proceedings
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.3084 of 2025
                                                 In
                                    CRIMINAL REVISION No.745 of 2024
                    Arising Out of PS. Case No.-780 Year-2021 Thana- MADHEPURA District- Madhepura
                  ======================================================
                  Bittu Kumar @ Bittu Yadav S/o- Sudesh Kumar @ Ganesh Yadav R/o
                  Village- Mathahi Ward No-5, Ps- Madhepua Dist- Madhepura, under Natural
                  Guardianship of father namely Sudesh Kumar @ Ganesh Yadav @ S/o- Jay
                  Narayan Yadav R/o Village- Mathahi Ward No-5, Ps- Madhepura Dist-
                  Madhepura.                                             ... ... Appellant/s
                                                   Versus
                  The State of Bihar.                               ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :       Mr.Alok Kumar Singh, Advocate
                  For the Respondent/s    :       Mr.Satya Nand Shukla, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER

7    16-02-2026                      Heard learned counsel appearing on behalf of the

                    parties.

                                2. Considering the report of District and Sessions Judge

                    1st-cum-Special Court, Madhepura dated 02.02.2026 made

                    available to this Court through letter no. 10/2026, it transpires

                    that this matter has already was disposed of by J.J.B. in terms of

                    order dated 21.01.2026 itself.

                                3. Considering the aforesaid, the present appeal become

                    infructuous.

                                4.       Accordingly, appeal stands dismissed being

                    infructuous.



                                          (Chandra Shekhar Jha, J)
veena/-

U         T

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