Patna High Court

Amit SinghversusThe State of Bihar

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Disposal: WITHDRAWN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

Holding

The application is dismissed as it has become infructuous following the framing of charges.

Summary

The petitioners, a group of brothers and their father, filed an application before the Patna High Court after charges were framed against them in a criminal case. They contended that the framing of charges rendered their application moot. The learned counsel for the petitioners argued that the application had become infructuous. The court examined whether an application can continue to be entertained after charge framing. Finding that the purpose of the application could no longer be achieved, the court held the application to be infructuous and dismissed it. The order was pronounced by Justice Sourendra Pandey on 19-02-2026.

Issues considered

Whether an application filed after the framing of charges is maintainable or becomes infructuous

Subjects

Criminal Procedure Code
application infructuous
charge framing
dismissal of application
High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.58683 of 2025
                      Arising Out of PS. Case No.-173 Year-2017 Thana- KHAGARIA District- Khagaria
                  ======================================================
            1.     Amit Singh S/o Rajkishor Singh Resident of village- Bakhari Bus Stand,
                   Islampur, P.S.- Muffasil, District- Khagaria
            2.    Dharmendra Singh S/o Rajkishor Singh Resident of village- Bakhari Bus
                  Stand, Islampur, P.S.- Muffasil, District- Khagaria
            3.    Mithun Kumar S/o Rajkishor Singh Resident of village- Bakhari Bus Stand,
                  Islampur, P.S.- Muffasil, District- Khagaria
            4.    Jitendra Singh S/o Rajkishor Singh Resident of village- Bakhari Bus Stand,
                  Islampur, P.S.- Muffasil, District- Khagaria
            5.    Rajkishor Singh S/o Late Ramshurat Singh Resident of village- Bakhari Bus
                  Stand, Islampur, P.S.- Muffasil, District- Khagaria
                                                                            ... ... Petitioner/s
                                                      Versus
            1.    The State of Bihar
            2.     Chinta Devi W/o Late Atma Ram Sharma Resident of village- Bakhari Bus
                   Stand, , P.O. and P.S.- Khagaria, District- Khagaria
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Mukesh Kant, Advocate
                  For the Opposite Party/s :       Mr.Anil Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

2    19-02-2026                       Heard the learned counsel for the parties.

                                 2. Learned counsel for the petitioners submits that the

                    charges have already been framed 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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