Patna High Court

SRI RAM RAIversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The Court held that the death of the sole petitioner makes the application infructuous, permitting its withdrawal.

Summary

The petitioner, Sri Ram Rai, filed an application in the High Court of Patna. During the pendency of the application, the sole petitioner died. The petitioner’s counsel sought permission to withdraw the application on the ground that it had become infructuous due to the death. The Court examined the submission that a deceased petitioner cannot continue the proceeding. It held that the death of the petitioner renders the application infructuous and therefore may be withdrawn. Permission to withdraw was granted and the application was dismissed as withdrawn.

Issues considered

Whether an application pending before the court becomes infructuous upon the death of the sole petitioner and can be withdrawn?

Subjects

death of petitioner
infructuous application
withdrawal of application
criminal miscellaneous proceedings
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7069 of 2024
                     Arising Out of PS. Case No.-91 Year-2021 Thana- BHAGALPUR KOTWALI District-
                                                          Bhagalpur
                  ======================================================
                  SRI RAM RAI S/O LATE NARAYAN RAI R/O KUMHAR TOLA
                  RAMSAR, P.S- TATARPUR, DISTT.- BHAGALPUR.
                                                             ... ... Petitioner/s
                                             Versus
            1.     The State of Bihar
            2.     ANITA AGGRAWAL W/O SRI RADHY SHYAM LAL AGGRAWAL R/O
                   JOGSAR, NAYA BAZAR, P.S- AADAMPUR, DISTT.- BHAGALPUR.
                                                            ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Rakesh Bihari Singh, Advocate
                  For the Opposite Party/s :      Mr. Amitesh Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER

2    16-03-2026                  Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. Learned counsel for the petitioner submits that the

                    sole petitioner has died during pendency of this application,

                    therefore this application has become infructuous and as such,

                    he seeks permission to withdraw the present application.

                                 3. Permission is accorded.

                                 4. Accordingly, the present application is dismissed as

                    withdrawn having been infructuous.



                                               (Praveen Kumar, J)
shivam/-

U      T

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