Patna High Court
Dr. Shyam Kumar @ Shyam KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- R P MISHRA
Holding
The Court held that permission may be granted to withdraw an application when it becomes infructuous because of the petitioner’s arrest.
Summary
The petitioner, Dr. Shyam Kumar, filed an application before the Patna High Court. During the pendency of the application, the petitioner was arrested. The petitioner’s counsel then sought the Court’s permission to withdraw the application on the ground that it had become infructuous due to the arrest. The Court considered whether a party may be allowed to withdraw an application after such a change in circumstances. It held that the Court has the discretion to grant permission for withdrawal when the application no longer serves any purpose. Accordingly, the Court granted the request and dismissed the application as withdrawn.
Issues considered
- Whether permission can be granted to withdraw an application that has become infructuous due to the petitioner’s arrest
Subjects
- withdrawal of application
- procedural law
- criminal procedure
- infructuous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14891 of 2026
Arising Out of PS. Case No.-356 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Dr. Shyam Kumar @ Shyam Kumar S/o- Late Ramchandra Singh R/v-
Bhathan Bishunpur Ps- Sugauli Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kunti Devi w/o- Vinod Singh R/v- Sripur Rampur Ps- Sugauli Dist- East
Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Digvijay Kumar Ojha, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Learned counsel for the petitioner seeks permission
of this Court to withdraw this application as the petitioner has
been arrested during the pendency of the application and, as
such, the application has become infructuous.
2. Permission is accorded.
3. The application is dismissed as withdrawn.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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