Patna High Court

DASHRATH SAHversusTHE STATE OF BIHAR

Decided: 25 February 2026
Disposal: WITHDRAWN
Bench: NAWNEET KUMAR PANDEY

Holding

The application is dismissed as infructuous because the petitioner has already been convicted.

Summary

Dashrath Sah, the petitioner, filed an application before the Patna High Court after being convicted in a criminal case. The petitioner’s counsel submitted that the conviction rendered the application infructuous. The Court considered whether the application could be entertained post-conviction. Relying on the submission that the conviction made the relief sought impossible, the Court dismissed the application as infructuous. No further relief was granted to the petitioner.

Issues considered

Whether an application filed after conviction is maintainable or becomes infructuous

Subjects

conviction
application dismissed
infructuous
criminal procedure
high court order

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.33167 of 2021
                    ======================================================
                    DASHRATH SAH S/O SUKHDEO SAH Resident of Ward No.12, Rasidpur,
                    P.S.- Sheohar, District- Sheohar.

                                                                             ... ... Petitioner/s
                                                      Versus
              1.    THE STATE OF BIHAR
              2.    SANDEEP @ ANAND BIHARI PRASAD S/O SHRI BHOLA NATH
                    PRASAD Resident of House no.1135/245, A.C.87-B, near Sunrise School,
                    Sarpanch Colony, Jalampur, Ludhiana.

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s   :      Mr.Rajesh Mohan
                    For the State          :      Mr.Shailendra Kumar, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                    PANDEY
                                          ORAL ORDER

8      25-02-2026                     The learned counsel for the petitioner submits that

                      the petitioner has been convicted, as such the application has

                      become infructuous.

                                    2. In view of aforesaid submission, the application

                      stands dismissed as infructuous.


                                           (Nawneet Kumar Pandey, J)

HR/-

U        T

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