Patna High Court

Chhotu NutversusThe State of Bihar

Decided: 28 January 2026
Disposal: WITHDRAWN
Bench: SONI SHRIVASTAVA

Holding

The Court dismissed the application as withdrawn, holding that the arrest rendered it infructuous.

Summary

The petitioner, Chhotu Nut, filed a criminal miscellaneous application before the Patna High Court. While the application was pending, the petitioner was arrested. He then moved the Court seeking to withdraw the application on the ground that it had become infructuous. The Court, after hearing counsel, granted permission to withdraw the application. Consequently, the application was dismissed as withdrawn, having become moot due to the arrest.

Issues considered

Whether an application pending before the Court can be withdrawn as infructuous on the ground of the petitioner's arrest?

Subjects

withdrawal of application
infructuous
criminal procedure
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3000 of 2026
                      Arising Out of PS. Case No.-356 Year-2024 Thana- PARSABAZAR District- Patna
                  ======================================================
                  Chhotu Nut S/O Biren Nut @ Biral Nat R/O Vill.- Jagivannagar, P.S-
                  Sachiwalaiy, District - Patna

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Ms. Ruchi Kumari, Advocate
                                                  Mr.Binay Kumar Singh, Advocate
                  For the Opposite Party/s :      Mr.Mithlesh Kumar Khare, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    28-01-2026                    Ms. Ruchi Kumari, learned counsel appearing for the

                    petitioner submits that the petitioner has been arrested during

                    pendency of this application and hence, he wants to withdraw

                    this application as the application has become infructuous.

                                  2. Permission is accorded.

                                  3. The application is dismissed as withdrawn as

                    having become infructuous.



                                               (Soni Shrivastava, J)
Harsh/-

U         T

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