Patna High Court

Awdhesh PaswanversusThe State of Bihar

Decided: 17 January 2026
Disposal: CONSIGNED
Bench: PURNENDU SINGH

Holding

The bail application was consigned and dismissed because the petitioner died, rendering the application infructuous.

Summary

The petitioner, Awdhesh Paswan, filed an application for pre‑arrest bail in connection with a case registered under Sections 64, 123 and 351(2) of the Bihar Penal Code. The application was heard before Justice Purnendu Singh. During the pendency of the bail application, the petitioner died. Counsel for the petitioner informed the court of the death, stating that the application had become infructuous. Consequently, the court consigned the application, effectively dismissing it. No substantive consideration of the merits of the bail request was made due to the petitioner's death.

Issues considered

Whether a pre‑arrest bail application can proceed when the petitioner has died during its pendency

Subjects

pre‑arrest bail
death of petitioner
criminal procedure
bail application
consignment

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.49568 of 2025
                           Arising Out of PS. Case No.-579 Year-2024 Thana- BARH District- Patna
                  ======================================================
                  Awdhesh Paswan Son of Chandeshwar Paswan R/O Village- Bhentgaon, PS-
                  Barh, District- Patna
                                                                       ... ... Petitioner/s
                                                Versus
                  The State of Bihar
                                                                ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Arun Kumar, Advocate
                  For the Opposite Party/s :        Mr. Chandra Sen Prasad Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

7    17-01-2026                    Heard Mr. Arun Kumar, learned counsel appearing

                    on behalf of the petitioner and Mr. Chandra Sen Prasad Singh,

                    learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                    with Barh P.S. Case No. 579/2024 registered for the offence(s)

                    punishable under Sections 64, 123, 351(2) of the BNS.

                                 3. Learned counsel appearing on behalf of petitioner

                    informs that the petitioner has died during the pendency of the

                    present application and as such, the present application has

                    become infructuous.

                                 4. Accordingly, the present application is consigned.



                                               (Purnendu Singh, J)
Ashishsingh/-
U      T

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