Patna High Court

MD. NASIMUDDINversusTHE STATE OF BIHAR

Decided: 27 January 2026
Disposal: WITHDRAWN
Bench: SOURENDRA PANDEY

Holding

The application is dismissed as it has become infructuous due to the petitioner’s death.

Summary

The petitioner, Md. Nasimuddin, filed a criminal miscellaneous application before the Patna High Court. During the pendency of the application, the sole petitioner passed away. The petitioner’s counsel argued that the death rendered the application infructuous. The court considered whether the death of a sole petitioner automatically defeats the continuance of the proceeding. It held that the application could no longer be pursued and therefore dismissed it as infructuous. The order was delivered by Justice Sourendra Pandey on 27‑01‑2026.

Issues considered

Does the death of a sole petitioner render a pending application infructuous?

Subjects

death of petitioner
infructuous application
dismissal
criminal miscellaneous

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.2206 of 2024
                       Arising Out of PS. Case No.-16 Year-2021 Thana- MAHILA P.S. District- Munger
                  ======================================================
                  Md. Nasimuddin S/O- Late Subhan Mian R/O- Mohalla Kaura Maidan, Ward
                  No.- 34, P.S.- Kasim Bazar, Dist.- Munger.

                                                                                      ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar.
            2.    Rahat Praveen W/O- Md. Nasimuddin R/O- Mohalla- Kaura Maidan,
                  College Raod, P.S.- Kasim Bazar, Distt.- Munger.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s       :       Mr. Jyoti Ranjan Jha, Advocate
                  For the State              :       Mr. Sanjay Kumar Tiwary, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

3    27-01-2026                          Heard the learned counsel for the parties.

                                  2. Learned counsel for the petitioner submits that

                    during the pendency of the present application, the sole

                    petitioner has died and as such, the application has become

                    infructuous.

                                  3. Accordingly, the present application is dismissed as

                    having become infructuous.



                                                 (Sourendra Pandey, J)
aditya/-

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