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Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The bail application was dismissed as infructuous because the underlying case had already been disposed and the accused acquitted.

Summary

Sachin Kumar filed a bail application before the Patna High Court in Criminal Miscellaneous No.67683 of 2024. No counsel appeared for the petitioner. The trial court had already disposed of the underlying criminal case on 10 January 2025, acquitting the sole accused. The trial court's report was placed before the High Court indicating that the bail application was now moot. The Court held that since the case had been concluded and the accused acquitted, the bail application could not be entertained. Consequently, the bail application was dismissed as infructuous.

Issues considered

  • Whether a bail application can be entertained when the criminal case has already been disposed and the accused acquitted

Subjects

  • bail
  • acquittal
  • infructuous application
  • criminal procedure
  • High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.67683 of 2024
                        Arising Out of PS. Case No.-38 Year-2024 Thana- MALAYPUR District- Jamui
                  ======================================================
                  Sachin Kumar Son of Sudhir Tanti Resident of Village- Kasarhat Phulwariya,
                  P.S.- Malaypur, Distt.- Jamui
                                                                           ... ... Petitioner/s
                                                   Versus
            1.     The State of Bihar
            2.     Ravikant Tanti C/o Nandlal Tanti Resident of Village- Kasarhat Phulwariya,
                   P.S.- Malaypur, Distt.- Jamui
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                        ORAL ORDER

5    13-03-2026                  No one appears to represent the petitioner.

                                 2. A report has been sent by the learned trial court and

                    the report is to the effect that this case has already been disposed

                    of on 10th of January, 2025 and the sole accused has been

                    acquitted. Thus, the present bail application has become

                    infructuous.

                                 3. As such, this bail application is dismissed as having

                    become infructuous.



                                           (Ashok Kumar Pandey, J)
durgesh/-

U      T


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