Patna High Court

Ramesh Ram @ Ramesh KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: WITHDRAWN
Bench: SANDEEP KUMAR

Holding

An application may be withdrawn when it becomes infructuous, and the court may dismiss it as withdrawn.

Summary

The petitioner, Ramesh Ram, filed an application before the Patna High Court. While the application was pending, he was arrested, rendering the application ineffective. He moved the court seeking permission to withdraw the application on the ground that it had become infructuous. The court examined whether an application could be withdrawn when its purpose can no longer be fulfilled due to the petitioner’s arrest. It held that withdrawal is permissible in such circumstances. Accordingly, the court granted permission and dismissed the application as withdrawn.

Issues considered

Can a pending application be withdrawn on the ground that it has become infructuous due to the petitioner’s arrest?

Subjects

withdrawal of application
infructuous
criminal procedure
high court order
petition dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.60933 of 2025
                  Arising Out of PS. Case No.-438 Year-2024 Thana- ROHTAS COMPLAINT CASE District-
                                                          Rohtas
                  ======================================================
                  Ramesh Ram @ Ramesh Kumar S/o Bandhu Ram Resident of village -
                  Murhi, P.S. - Darigawan (Sasaram), Dist - Rohtas at Sasaram

                                                                                ... ... Petitioner/s
                                                      Versus
            1.    The State of Bihar
            2.    Lakhmuna Devi W/o Ramashray Ram R/o Vill. - Moka, P.O. - Mokar, P.S. -
                  Agrer, District - Rohtas at Sasram

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Jai Prakash Singh
                  For the Opposite Party/s :     Mr. Nagendra Prasad
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

4    24-02-2026                  Heard the learned counsel for the petitioner and the

                    learned counsel for the State.

                                 2. The learned counsel for the petitioner submits that

                    during the pendency of the present application, the petitioner

                    has been arrested, and as a result, this application has become

                    infructuous and therefore, he seeks permission to withdraw the

                    application.

                                 3. Permission, as prayed, is granted.

                                 4. Accordingly, this application is dismissed as

                    withdrawn as having become infructuous.



                                                        (Sandeep Kumar, J)
Shishir/-
U       T

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