Patna High Court

Nageshwar YadavversusThe State of Bihar

Decided: 9 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SANDEEP KUMAR

Holding

The application is dismissed on the ground of non-prosecution.

Summary

The petitioner, Nageshwar Yadav, was arrested in January 2025 in connection with a criminal miscellaneous case. He filed an application before the Patna High Court, the nature of which is not specified, seeking relief. The informant's counsel informed the court that the petitioner had already been arrested, rendering the application moot. The court observed that the application had become infructuous due to the prior arrest. Consequently, the court dismissed the application on the ground of non-prosecution.

Issues considered

What is the appropriate disposition of an application that becomes moot after the petitioner has been arrested?

Subjects

arrest
non-prosecution
application dismissed
criminal procedure
Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.74135 of 2024
                        Arising Out of PS. Case No.-463 Year-2024 Thana- ALAMGANJ District- Patna
                  ======================================================
                  Nageshwar Yadav Son of Basudeo Rai Resident of Naya Raghopur, P.S. -
                  Alamganj, District - Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
                  The State of Bihar Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr.Syed Mojibur Rahman
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

4    09-02-2026                     None appears on behalf of the petitioner. Learned

                    counsel for the informant Shri Umesh Prasad and learned APP

                    for the State are present.

                                 2. It has been submitted by the learned counsel for the

                    informant that the petitioner has already been arrested in

                    January, 2025 and this application has become infructuous now.

                                 3. In view of the above, this application is dismissed

                    on the ground of non-prosecution.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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