Patna High Court

Rajesh KumarversusState Of Bihar and Anr

Decided: 30 January 2026
Disposal: DISMISSED
Bench: SHAILENDRA SINGH

Holding

The petition was dismissed as infructuous because the subject matter had already been finally decided.

Summary

Rajesh Kumar filed a petition in the Patna High Court challenging an order passed in a criminal miscellaneous case (No.1209 of 2017) arising from a 2014 police case. The petition sought relief against the State of Bihar and Nimisha Gupta. The court observed that the impugned order had already been disposed of, resulting in the acquittal of the accused. Since the underlying criminal case was finally concluded, the petition was deemed infructuous. Consequently, the court dismissed the petition.

Issues considered

Whether a petition challenging an order is maintainable when the underlying criminal case has already been disposed of with an acquittal?

Subjects

petition dismissed
infructuous
acquittal
criminal miscellaneous
procedural law
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.1209 of 2017
                      Arising Out of PS. Case No.-522 Year-2014 Thana- KANTI District- Muzaffarpur
                 ======================================================
                 Rajesh Kumar Son of Om Prakash Gupta, R/o Mohalla- Laheriasarai, Gupta
                 Medical Store, Hospital Road, P.S. Laherisarai, District- Darbhanga, presently
                 R/o Village- Kokat, P.O. Ugra, P.S. Patora, District- Darbhanga.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Nimisha Gupta, W/o Mr. Rajesh Kumar and D/o Late Kedar NathGupta,
                 resident of Mohalla- Kanti, C/o Hindustan, Gupta, Pharmacy, P.O. and P.S.
                 Kanti, District- Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Kumar Sinha, Advocate
                 For the O.P. No.2        :        Mr. Bipin Bihari Singh, Advocate
                                                   Mr. Shyama Kant Singh, Advocate
                 For the State            :        Mr. Anuj Kumar Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

4   30-01-2026                      Mr. Rakesh Kumar Sinha, learned counsel for the
                   peititoner, Mr. Bipin Bihari Singh, learned counsel for the O.P.
                   No.2 and Mr. Anuj Kumar Shrivastava, learned APP for the
                   State are present.
                                  2. As per the office note, the case of the petitioner, in
                   which the impugned order was passed, has been disposed of,
                   resulting in the acquittal of the accused. In view thereof, the
                   instant petition has become infructuous. Accordingly, the
                   present petition stands dismissed.



                                              (Shailendra Singh, J)
maynaz/-

U     T

Continue reading with your account

Checking your session…