Patna High Court

Md. Talib @ Md. Abu TalibversusThe State of Bihar

Decided: 28 January 2026
Disposal: WITHDRAWN
Bench: SOURENDRA PANDEY

Holding

The application is dismissed as withdrawn because the petitioner’s arrest rendered it infructuous.

Summary

Petitioner Md. Talib filed an application before the Patna High Court. During the pendency of the application, he was arrested. Counsel for the petitioner submitted that the arrest made the application infructuous. The Court accepted this submission and held that the application could no longer be entertained. Consequently, the Court dismissed the application as withdrawn.

Issues considered

Whether the petitioner's arrest during pendency renders the pending application infructuous and therefore dismissible as withdrawn?

Subjects

criminal procedure
application dismissed
infructuous
arrest
bail

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2835 of 2026
                     Arising Out of PS. Case No.-415 Year-2025 Thana- AAJAM NAGAR District- Katihar
                  ======================================================
                  Md. Talib @ Md. Abu Talib R/o Son of Late Saziruddin @ Sazir Resident of
                  Village - Sikatia, P.S. - Azamnagar, District - Katihar.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Bimal Kumar, Advocate
                  For the Opposite Party/s :       Mr. Md. Shakir Ahmad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

2    28-01-2026                  At the outset, learned counsel for the petitioner

                    submits that during the pendency of the application, the

                    petitioner has been arrested and as such, the present application

                    has become infructuous.

                                 2. In view of the submission made by the learned

                    counsel for the petitioner, the application stands dismissed as

                    withdrawn as having become infructuous.



                                               (Sourendra Pandey, J)
manoj/-

U         T

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