Patna High Court

Afroj Khan and AnrversusThe State Of Bihar

Decided: 2 February 2026
Disposal: DISMISSED
Bench: SHAILENDRA SINGH

Holding

The petition is dismissed as infructuous because the petitioners have already been acquitted.

Summary

The petitioners, Afroj Khan and Tausif Khan, were charged in a criminal case but were acquitted by the trial court, while two co-accused were convicted. They had filed a petition challenging the trial court's order dated 16‑04‑2016 that rejected their prayer for discharge. The High Court, after noting the trial court's report of acquittal, held that the petition had become moot. Consequently, the petition was dismissed as infructuous. No further relief was granted to the petitioners.

Issues considered

What is the appropriate disposition of a petition for discharge when the trial court has already acquitted the petitioners?

Subjects

acquittal
discharge petition
infructuous
criminal procedure
high court dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26973 of 2016
                 Arising Out of PS. Case No.-139 Year-2015 Thana- DURGAWATI District- Kaimur (Bhabua)
                 ======================================================
           1.     Afroj Khan, Son of Aslam Khan
           2.    Tausif Khan @ Gausif Khan Son of Sardar Ahmad Khan both resident of
                 village- Dumari, P.S.- Durgawati, District- Kaimur at Bhabhua.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Rajani Kant Pandey, Advocate
                 For the O.P. No.2       :        Mr. Uday Pratap Singh, Advocate
                 For the State           :        Mr. Anil Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

5   02-02-2026                   As per the report submitted by the trial court, the trial

                   of the petitioners has ended in their acquittal, while two co-

                   accused have been convicted. In view of this, the instant

                   petition, which challenges the order dated 16.04.2016 rejecting

                   the petitioners’ prayer for discharge, has become infructuous.

                   Accordingly, the instant petition stands dismissed as being

                   infructuous.



                                             (Shailendra Singh, J)
maynaz/-

U     T

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