Patna High Court

Adesh KumarversusThe State Of Bihar

Decided: 19 February 2026
Disposal: WITHDRAWN
Bench: SOURENDRA PANDEY

Holding

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

Summary

Adesh Kumar, the petitioner, was acquitted by the trial court in a criminal miscellaneous case. Following the acquittal, he filed an application seeking the court's permission to withdraw that application. The petitioner argued that the acquittal rendered the pending application unnecessary. The court examined whether the application could be withdrawn after an acquittal and found that the acquittal made the application infructuous. Consequently, the court granted permission to withdraw and dismissed the application as it no longer served any purpose.

Issues considered

What is the appropriate judicial response when a petitioner seeks to withdraw an application after being acquitted by the trial court?

Subjects

acquittal
withdrawal of application
infructuous
criminal miscellaneous
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43297 of 2024
                     Arising Out of PS. Case No.-209 Year-2023 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
                 Adesh Kumar Son of Niwas Paswan R/O Vill.- Sundarpur, P.S.- Pirpainti,
                 Dist.- Bhagalpur

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State Of Bihar BIHAR
           2.    Moni Kumari D/O Late Deghar Das R/O Vill.- Harijan Tola, Mathurapur,
                 P.S.- Kahalgaon, Shiv- Narayanpur, Dist.- Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar No.6, Adv.
                 For the Opposite Party/s :       Mr.Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   19-02-2026                    Learned counsel for the petitioner seeks permission

                   to withdraw this application as the petitioner has been acquitted

                   by the learned Trial Court.

                                2. Permission is accorded.

                                3. The application stands dismissed as having become

                   infructuous.



                                              (Sourendra Pandey, J)
Gautam/-

U     T

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