Patna High Court

Rahul RamversusThe State of Bihar

Decided: 7 January 2026
Disposal: WITHDRAWN
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that the petition is infructuous because of the petitioner's arrest and may be dismissed as withdrawn.

Summary

Rahul Ram filed a criminal miscellaneous petition before the Patna High Court. While the petition was pending, he was arrested by the police, rendering the petition infructuous. The petitioner, through counsel, sought permission to withdraw the petition on this ground. The court examined whether the arrest made the petition incapable of further relief. Finding that the petition could no longer be pursued, the court granted permission to withdraw. Consequently, the petition was dismissed as withdrawn and infructuous.

Issues considered

Whether a petition becomes infructuous and may be withdrawn due to the petitioner's arrest?

Subjects

petition withdrawal
infructuous petition
criminal procedure
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.64445 of 2025
                       Arising Out of PS. Case No.-295 Year-2024 Thana- MANIHARI District- Katihar
                  ======================================================
                  Rahul Ram, W/o Wakil Ram @ Vakil Ram, Resident of Village-Mohana
                  Shahpur Terasi Tola, P.S.- Manihari, District- Katihar
                                                                                ... ... Petitioner
                                                      Versus
                  The State of Bihar
                                                                         ... ... Opposite Party
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Bimal Kumar, Advocate
                  For the Opposite Party/s :       Mr. Anant Kumar 1, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER

5    07-01-2026                  Learned counsel appearing for the petitioner seeks

                    permission to withdraw the present petition, as during

                    pendency of present petition, the petitioner has been arrested

                    by the police and, as such, the present petition has become

                    infurctuous.

                                 2. Permission is accorded.

                                 3. The present petition stands dismissed as

                    withdrawn, having become infructuous.


                                                          (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T

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