Patna High Court
Kamal Kishore SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRAVEEN KUMAR
Holding
The application was dismissed as withdrawn because the sole petitioner had died, rendering it infructuous.
Summary
The petitioner, Kamal Kishore Sah, filed an application in the Patna High Court. During the pendency of the application, the sole petitioner died. The petitioner’s counsel argued that the death rendered the application infructuous and sought permission to withdraw it. The Court accepted the request for withdrawal. Consequently, the application was dismissed as withdrawn. The order was pronounced by Justice Praveen Kumar on 9 March 2026.
Issues considered
- Does the death of a sole petitioner render a pending application infructuous and permit its withdrawal?
Subjects
- criminal procedure
- application withdrawal
- death of petitioner
- infructuous
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35501 of 2025
Arising Out of PS. Case No.-5793 Year-2024 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Kamal Kishore Sah Son of Late Saryug Prasad Resident of Ritu Kunj, Pal
Lane, Govind Mitra Road P.S -Pirbahore, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Satish Prasad Son of Ram Pratap Mahto village- Adarsh colony, B H
Colony, Bhootnath, Kankarbagh, Po- TV Tower, Ps- Agamkuan, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Dilbar Krishna, Advocate
For the Respondent-State: Mr. Dr. Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 09-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Learned counsel for the petitioner submits that the
sole petitioner has died during pendency of this application,
therefore this application has become infructuous and as such,
he seeks permission to withdraw the present application.
3. Permission is accorded.
4. Accordingly, the present application is dismissed as
withdrawn having been infructuous.
(Praveen Kumar, J)
shivam/-
U T
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