Patna High Court

NISHU RAIversusTHE STATE OF BIHAR

Decided: 10 February 2026
Disposal: DISMISSED
Bench: SOURENDRA PANDEY

Holding

The application is dismissed as it has become infructuous following the petitioner's acquittal.

Summary

Petitioner Nishu Rai filed an application in a criminal miscellaneous proceeding arising from a case registered in 2021. The petitioner was acquitted in the underlying criminal case. The respondent, Manjiv Mishra, appeared before the court and informed that the acquittal rendered the application moot. The court examined whether the application could continue despite the acquittal. It held that the acquittal made the matter infructuous and therefore the application could not proceed. Consequently, the court dismissed the application as infructuous.

Issues considered

Whether the application remains maintainable after the petitioner has been acquitted in the underlying case

Subjects

acquittal
infructuous
criminal miscellaneous
application dismissal
maintainability

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5773 of 2024
                        Arising Out of PS. Case No.-28 Year-2021 Thana- KOCHAS District- Rohtas
                 ======================================================
                 NISHU RAI WIFE OF CHUNNU RAI @ SARVOTTAM RAI Resident of
                 Village- Salathua, P.S.- Kudra, District - Kaimur (Bhabhua)
                                                                             ... ... Petitioner/s
                                                      Versus
           1.     THE STATE OF BIHAR Bihar
           2.     MANJIV MISHRA SON OF LATE MAHENDRA MISHRA @ GUMATI
                  MISHRA Resident of Village- Parasthua, P.S- Parasthua, District - Rohtas
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None.
                 For the Opposite Party/s :       Mr. Rajesh Kumar Mishra, Adv.
                 For the State            :       Mr.Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   10-02-2026                      None appeared on behalf of the petitioner.

                                2. Learned counsel for the O.P. No. 2 and learned

                   A.P.P. for the State are present.

                                3. Learned counsel appearing on behalf of the O.P.

                   No. 2 informs this Court that the petitioner has been acquitted in

                   the present case and therefore, the matter has become

                   infructuous.

                                4. The application stands dismissed as having become

                   infructuous.



                                              (Sourendra Pandey, J)
Gautam/-
U     T

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