Patna High Court

Satish Kumar Rai and AnrversusState Of Bihar and Anr

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Disposal: WITHDRAWN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

Holding

The petition is dismissed as withdrawn because it became infructuous following the acquittal.

Summary

The petitioners Satish Kumar Rai and Vishwanath Rai filed a criminal miscellaneous petition before the Patna High Court seeking relief. The trial court had already disposed of the case resulting in an acquittal of the petitioners. Consequently, the petitioners’ counsel requested permission to withdraw the pending petition as it had become infructuous. The Court considered the request and, noting the acquittal, granted permission to withdraw. Accordingly, the petition was dismissed as withdrawn. The order reflects the principle that a petition becomes moot when the underlying case is resolved in favor of the petitioner.

Issues considered

Whether a petition pending before the High Court can be withdrawn after the trial court has acquitted the petitioner

Subjects

withdrawal of petition
acquittal
mootness
criminal miscellaneous
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13819 of 2017
                        Arising Out of PS. Case No.-137 Year-2013 Thana- DESARI District- Vaishali
                 ======================================================
           1.     Satish Kumar Rai S/o Bishwanath Rai,
           2.    Vishwanath Rai, S/o Late Shobhi Rai, Both residents of Village-
                 Chakshobhita, P.S.- Desari Chandpura O.P., Dist- Vaishali.
                                                                            ... ... Petitioner/s
                                                  Versus
           1.    State Of Bihar
           2.     Sheela Devi, W/o Jai Prasad Rai, residents of Village- Chakshobhita, P.S.-
                  Desari Chandpura O.P., Dist- Vaishali.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mahendra Thakur, Adv.
                 For the Opposite Party/s :        Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

3   30-01-2026                      Mr. Mahendra Thakur, learned counsel for the

                   petitioners is present.

                                2. As per the report sent by the trial court, the

                   petitioners’ case has been disposed of, resulting in acquittal, so,

                   considering this aspect, the instant petition has become

                   infructuous and the learned counsel for the petitioners seeks

                   permission to withdraw this petition.

                                3. Permission as sought above is granted.

                                4. Accordingly, the instant petition stands dismissed

                   as withdrawn.



                                              (Shailendra Singh, J)
annu/-
U      T

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