Patna High Court

SHYAM BIHARI SINGH @ TRIVENI SINGHversusThe State of Bihar

Decided: 12 May 2026
Disposal: WITHDRAWN
Bench: ANSUL

Holding

The application to quash the order was dismissed as infructuous.

Summary

Shyam Bihari Singh filed a petition seeking to quash an order dated 24 January 2019 passed by the Fast Track Court‑I, Ara, which had rejected a petition under Section 319 of the Criminal Procedure Code filed on behalf of the prosecution. The petition argued that the order should be set aside. The court observed that the trial in the underlying case (Udwant Nagar PS Case No. 272 of 2013) had already been concluded, rendering the petition to quash the order moot. Consequently, the court held that the application had become infructuous. The petition was therefore dismissed.

Issues considered

Whether a petition to quash an order under Section 319 CrPC is maintainable when the trial has already concluded and the petition is infructuous

Legislation cited

Criminal Procedure Code — s. 319

Subjects

Criminal Procedure
Section 319
Quash Order
Infructuous Petition
Fast Track Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.60274 of 2019
                    Arising Out of PS. Case No.-272 Year-2013 Thana- UDWANTNAGAR District- Bhojpur
                  ======================================================
                  SHYAM BIHARI SINGH @ TRIVENI SINGH Son of Dudheshwar Singh
                  Resident of Muzaffarpur, P.O.- Baruhi, P.S.- Sahar, District- Bhojpur.
                                                                                ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar
            2.    Bikash Kumar @ Pappu Son of Dayanand Yadav Resident of Village-
                  Jamalpur(Narayanpur), P.S.- Koilwar, District- Bhojpur..... Opposite Party/s

                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Rajendra Singh, Advocate
                  For the Opposite Party/s :      Mr.Arun Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANSUL
                                        ORAL ORDER
3    12-05-2026                    Heard learned counsel for the petitioners and learned

                    Additional Public Prosecutor for the State.

                                 2. Petitioners seek quashing of the order dated

                    24.01.2019 passed by Fast Track Court-I (Addl. District Judge-

                    XI), Ara in S.T. No. 256 of 2017 arising out of Udwant Nagar

                    P.S. Case No. 272 of 2013 whereby and where under the petition

                    under section 319 Cr. P.C. filed on behalf of the prosecution has

                    been rejected.

                                 3. The trial has already been concluded, thus the

                    present application has become infructuous.

                                 4. Accordingly, the present application is dismissed as

                    having become infructuous.


Vikash/-                                            (Ansul, J)
U       T

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