Patna High Court

Binay Rai @ Vidhayak RaiversusThe State of Bihar

Decided: 5 February 2026
Disposal: WITHDRAWN
Bench: NAWNEET KUMAR PANDEY

Holding

The application is dismissed as infructuous because the trial has already concluded.

Summary

The petitioner, Binay Rai, filed an application before the Patna High Court relating to Criminal Miscellaneous No.70386 of 2025, arising from PS Hathauri Case No.183 of 2022. The petitioner’s counsel argued that the trial of the underlying criminal case had already concluded, rendering the pending application moot. The court examined whether the application could continue in view of the finality of the trial proceedings. Finding that the purpose of the application could no longer be achieved, the court held that the application had become infructuous. Consequently, the court dismissed the application as infructuous.

Issues considered

Whether an application pending before the High Court becomes infructuous when the trial of the underlying case is concluded

Subjects

infructuous application
criminal procedure
high court dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.70386 of 2025
                     Arising Out of PS. Case No.-183 Year-2022 Thana- HATHAURI District- Muzaffarpur
                  ======================================================
                  Binay Rai @ Vidhayak Rai S/O Asharfi Rai R/o Village - Perai Dakshini, P.S
                  - Hathauri, Dsitirct- Muzaffarpur

                                                                                    ... ... Petitioner/s
                                                        Versus
            1.    The State of Bihar Bihar
            2.    Pawan Devi W/O Ram Bharos Sahni R/O VIll-Barhad, P.S-Hathauri, Dist-
                  Muzaffarpur

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Raju Kumar
                  For the Opposite Party/s :       Mr.Suman Kumari Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER

4    05-02-2026                  Heard.

                                 2. At the outset, learned counsel for the petitioner

                    submits that during pendency of this application, the trial of the

                    case has been concluded. Hence the present application has

                    become infructuous.

                                 3. Accordingly, this application filed in connection

                    with Hathauri P.S. Case No. 183 of 2022 stands dismissed as

                    infructuous.



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

U      T

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