Patna High Court

Murari Kumar Jha @ Kanhaiya Kumar Jha @ Kanhaiya JhaversusThe State of Bihar

Decided: 3 February 2026
Disposal: DISPOSED
Bench: NAWNEET KUMAR PANDEY

Holding

The application is dismissed as infructuous because bail has already been granted.

Summary

The petitioner, Murari Kumar Jha, filed an application before the Patna High Court seeking relief. During the pendency of the application, the lower court granted him bail under Section 167(2) of the Criminal Procedure Code. The petitioner’s counsel argued that the grant of bail rendered the pending application moot. The court examined whether the application could continue after bail had been granted. Finding that the purpose of the application was exhausted, the court held the application to be infructuous. Consequently, the court dismissed the application.

Issues considered

Whether the application before the High Court becomes infructuous after bail is granted under Section 167(2) CrPC?

Legislation cited

Code of Criminal Procedure, 1973 — s. 167(2)

Subjects

bail
Section 167
Criminal Procedure Code
infructuous application
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.64278 of 2025
                    Arising Out of PS. Case No.-214 Year-2021 Thana- LAKHISARAI District- Lakhisarai
                  ======================================================
                  Murari Kumar Jha @ Kanhaiya Kumar Jha @ Kanhaiya Jha S/O Bishwanath
                  Jha R/O Vill.- Basdeopur, P.S.- Kajra, Dist.- Lakhisarai

                                                                                    ... ... Petitioner/s
                                                        Versus
            1.    The State of Bihar Patna
            2.    Jitendra Kumar S/o Shri Ramchandra Paswan r/o-Kishanpur p.s-Amhara
                  Dist-Lakhisarai

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Umesh Prasad
                  For the Opposite Party/s :       Mr.Murli Dhar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER

6    03-02-2026                  Heard.

                                 2. At the outset, learned counsel for the petitioner

                    submits that during pendency of this application, the petitioner

                    has been granted bail by lower court itself under the provisions

                    of Section-167(2) of the Cr.P.C. and hence, the present

                    application has become infructuous.

                                 3. Accordingly, the present application stands

                    dismissed as being infructuous.



                                         (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T

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