Patna High Court

Krishna KumarversusThe State of Bihar

Decided: 9 January 2026
Disposal: WITHDRAWN
Bench: SOURENDRA PANDEY

Holding

The Court permitted the withdrawal of the application and dismissed it as infructuous.

Summary

Krishna Kumar, the petitioner, was acquitted by the trial court in a criminal case. Following the acquittal, he filed an application seeking permission to withdraw the pending application before the High Court. The petitioner’s counsel, Mr. Nagendra Upadhyay, requested that the court allow the withdrawal. The Court examined whether the application could be withdrawn after the acquittal and found it to be infructuous. Accordingly, the Court granted permission to withdraw and dismissed the application as having become moot.

Issues considered

Whether an application pending before the High Court can be withdrawn after the petitioner has been acquitted by the trial court

Subjects

acquittal
withdrawal of application
infructuous
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.61749 of 2025
                      Arising Out of PS. Case No.-133 Year-2024 Thana- SURYAPURA District- Rohtas
                  ======================================================
                  Krishna Kumar, Son of Gorakh Singh, R/o Village - Kawai, P.S. - Suryapura,
                  District - Rohtas.

                                                                                  ... ... Petitioner/s
                                                       Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Nagendra Upadhyay, Adv.
                  For the Opposite Party/s :       Mr. Gauri Shankar Gupta, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

4    09-01-2026                  Mr. Nagendra Upadhyay, the learned Advocate for the

                    petitioner seeks permission to withdraw this application as the

                    petitioner, namely, Krishna Kumar has been acquitted by the

                    learned Trial Court.

                                 2. Permission is accorded.

                                 3. The application stands dismissed as having become

                    infructuous.



                                               (Sourendra Pandey, J)
Praveen-II/-

U       T

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