Patna High Court

Md. Asad Alam and AnrversusState Of Bihar and Anr

Decided: 13 February 2026
Disposal: DISPOSED
Bench: SHAILENDRA SINGH

Holding

The Court held that the application is disposed of as infructuous for the deceased petitioner and granted permission to withdraw the application, allowing the surviving petitioner to raise the grounds later.

Summary

The petitioners, Md. Asad Alam (deceased) and Md. Manzar Alam, filed a criminal miscellaneous application before the Patna High Court. The trial court's status report indicated that petitioner No.1, Asad Alam, had died, rendering his part of the application infructuous. The remaining petitioner sought the Court's permission to withdraw the application and to raise all grounds later before the trial court at the final hearing. The Court granted this permission, allowing petitioner No.2 to pursue his claims subsequently. Consequently, the application was disposed of, with the portion relating to the deceased petitioner deemed moot.

Issues considered

Whether the death of a petitioner renders the pending application infructuous.
Whether the Court may permit withdrawal of an application and allow the petitioner to raise the same grounds before the trial court at a later stage.

Subjects

criminal procedure
application withdrawal
death of petitioner
infructuous
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26025 of 2016
                    Arising Out of PS. Case No.-192 Year-2015 Thana- PURNEA SADAR District- Purnia
                 ======================================================
           1.     Md. Asad Alam Son of Late Md. Abbas
           2.    Md. Manzar Alam Son of Late Mansur Both Resident of Village
                 Mahendrapur, Police Station Sadar, District Purnea.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sarwar Alam Son of Late Ahmad Raza, Resident of Madarsa Islamis Islahul
                 Muslemin, Mahendrapur, Purnea, Resident of Village Mahendrapur, Police
                 Station Muffasil Rani Patra, District Purnea

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Viveka Nandsingh, Advocate
                 For the Opposite Party/s :       Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

8   13-02-2026                   In view of the status report sent by the trial court, the
                   petitioner no. 1, Asad Alam, has died, so, the instant application
                   stands disposed of as infructuous to the extent of petitioner no. 1.
                                2. After some arguments, learned counsel appearing
                   for the petitioners seeks permission to withdraw this application,
                   with liberty to raise all the grounds taken by petitioner no. 2 in
                   this application before the trial court at the time of final hearing.
                                3. Permission as sought above is granted.
                                4. In the result, with aforesaid liberty to the petitioner
                   no.2 the instant application stands disposed of.



                                              (Shailendra Singh, J)
maynaz/-

U     T

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