Patna High Court

Sanjay Tiwary @ Sanjay ChaubeyversusTHE STATE OF BIHAR THROUGH VIGILANCE INVESTIGATION BUREAU, PATNA

Decided: 27 January 2026
Disposal: DISMISSED
Bench: SOURENDRA PANDEY

Holding

The application was dismissed as infructuous due to the death of the sole petitioner.

Summary

The petitioner, Sanjay Tiwary, filed an application in the Patna High Court against the State of Bihar through the Vigilance Investigation Bureau. During the pendency of the application, the sole petitioner passed away. The petitioner’s counsel argued that the death rendered the application infructuous. The court considered whether the death of the petitioner automatically nullifies the pending application. Justice Sourendra Pandey held that the application could no longer proceed and dismissed it as infructuous. The dismissal was entered without addressing any substantive merits of the case.

Issues considered

Does the death of a sole petitioner render a pending application infructuous?

Subjects

death of petitioner
infructuous application
petition dismissal
criminal miscellaneous
high court procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4619 of 2024
                        Arising Out of PS. Case No.-67 Year-2016 Thana- VIGILANCE District- Patna
                  ======================================================
                  Sanjay Tiwary @ Sanjay Chaubey S/O Rameshwar Tiwari Village-
                  Hasanpura, Ps. Mohaniya, Dist. Kaimur (Bhabua)

                                                                                    ... ... Petitioner/s
                                                  Versus
                  The State of Bihar Through Vigilance Investigation Bureau, Patna Patna,
                  Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Ms. Alka Singh, Advocate
                  For the Opposite Party/s :       Mr. Arvind Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

2    27-01-2026                     Heard the learned counsel for the parties.

                                 2. Learned counsel for the petitioner submits that

                    during the pendency of the present application, the sole

                    petitioner has died and as such, the application has become

                    infructuous.

                                 3. Accordingly, the present application is dismissed as

                    having become infructuous.



                                               (Sourendra Pandey, J)
aditya/-

U

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