Patna High Court

DIVYALATAversusTHE STATE OF BIHAR

Decided: 2 February 2026
Disposal: WITHDRAWN
Bench: CHANDRA SHEKHAR JHA

Holding

The petition is dismissed as withdrawn because it became infructuous following the petitioner’s arrest.

Summary

Divyalata filed a petition before the Patna High Court seeking relief, but was arrested while the petition was pending. The petitioner’s counsel argued that the arrest rendered the petition infructuous and requested its withdrawal. The court considered whether a petition that has become infructuous due to the petitioner’s arrest can be withdrawn. It held that the petition could indeed be withdrawn on the ground of infructuousness. Accordingly, the court allowed the request and dismissed the petition as withdrawn.

Issues considered

Whether a petition pending before the High Court becomes infructuous upon the petitioner’s arrest and can be withdrawn

Subjects

petition withdrawn
infructuous
arrest
high court
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38939 of 2024
                 Arising Out of PS. Case No.-500 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua)
                 ======================================================
                 Divyalata, W/o Damodar Singh, D/o Subedar Singh, R/o Village-Taraith, P.S-
                 Ramgarh, Distt.- Kaimur at Bhabhua Bihar.
                                                                           ... ... Petitioner
                                                  Versus

            1.   The State of Bihar
            2.   The Vigilance Investigation Bureau, Patna.
                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Ms. Megha Singh, JC to Mr. Dhananjay Kumar,
                                                 learned counsel
                 For the Vigilance      :        Mr. Arvind Kumar, Law Officer.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   02-02-2026                  It is submitted by learned counsel appearing for

                   petitioner that petitioner has already arrested during

                   pendency of present petition and, therefore, the same

                   become infructuous and, as such, be permitted to withdraw

                   the same.

                                2. Request allowed.

                                3. The present petition stands dismissed as

                   withdrawn, having become infructuous.


                                                         (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T

Continue reading with your account

Checking your session…