Patna High Court

Bipin GiriversusThe State of Bihar

Decided: 18 March 2026
Disposal: WITHDRAWN
Bench: CHANDRA SHEKHAR JHA

Holding

A bail application that has become infructuous after the petitioner’s arrest may be withdrawn with the Court’s permission.

Summary

The petitioner, Bipin Giri, was arrested in connection with a criminal case and filed a bail application before the Patna High Court. After his arrest, the petitioner’s counsel sought permission to withdraw the bail application, arguing that it had become infructuous. The Court examined the request and considered whether a bail application could be withdrawn post‑arrest. Finding that the application could indeed be withdrawn as it no longer served any purpose, the Court granted permission to the petitioner. Consequently, the bail application was dismissed as withdrawn.

Issues considered

Whether a bail application can be withdrawn after the petitioner has been arrested and the application has become infructuous

Subjects

bail
withdrawal of application
infructuous application
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.10221 of 2025
                  Arising Out of PS. Case No.-203 Year-2021 Thana- RAMNAGAR District- West Champaran
                  ======================================================
                  Bipin Giri Son of Late Girija Sharan Giri R/o Village -Sikta Baikunthwa, Ps-
                  Ramnagar, Dist- West Champaran.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Milind Kumar Mishra, Advocate
                  For the Opposite Party/s :      Mr.Anant Kumar 1, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER

2    18-03-2026                     Heard learned counsel appearing on behalf of the

                    parties.

                                 2. Learned counsel for the petitioner seeks permission

                    to withdraw the present bail application, as petitioner has been

                    arrested and, as such, the present application has become

                    infructuous.

                                 3. Permission is granted.

                                 4. Accordingly, the present bail application stands

                    dismissed as withdrawn, having become infructuous



                                           (Chandra Shekhar Jha, J)
veena/-

U         T

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