Patna High Court

Soni YadavversusState Of Bihar and Anr

Decided: 30 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SHAILENDRA SINGH

Holding

The petition is dismissed as infructuous because the accused has been acquitted.

Summary

The petitioner, Soni Yadav, filed a criminal miscellaneous petition before the Patna High Court challenging the State of Bihar and Gyan Prakash. No counsel appeared on behalf of the petitioner. The court examined the office report which showed that the trial of the accused had already concluded with an acquittal. Because the accused was acquitted, the petition was deemed infructuous. Accordingly, the court dismissed the petition on 30‑01‑2026.

Issues considered

Can the petition be entertained when the trial has already ended in acquittal?
Is the petition infructuous and therefore liable to be dismissed?

Subjects

criminal miscellaneous
acquittal
infructuous petition
petition dismissed
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26101 of 2017
                       Arising Out of PS. Case No.-2 Year-2016 Thana- MAHILA PS District- Buxar
                 ======================================================
                 Soni Yadav S/o Ram Dhiraj Singh, resident of Village- Pandey Patti Bangala,
                 P.S.- Muffasil Buxar, District- Buxar.

                                                                                   ... ... Petitioner/s
                                                       Versus
            1.   State Of Bihar
            2.   Gyan Prakash @ Gyan Prakash Singh, son of Brijnath Singh, resident of
                 Village- Danidih, P.S.- Nagsaw, District- Gajipur U.P.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :
                 For the Opposite Party/s :       Mr. Sri Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   30-01-2026                    No one appears on behalf of the petitioner.

                                2. The office report goes to show that the trial of the

                   petitioner has ended in acquittal of the accused, so, considering

                   this aspect, the instant petition stands dismissed as being

                   infructuous.



                                              (Shailendra Singh, J)
BKS/-

U       T

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