Patna High Court

Bugal Sao @ Bugul Sao @ Srikant PrasadversusThe State of Bihar

Decided: 21 January 2026
Disposal: WITHDRAWN
Bench: SOURENDRA PANDEY

Holding

The petition is dismissed as it has become infructuous.

Summary

The petitioner, Bugal Sao, filed a criminal miscellaneous petition before the Patna High Court seeking relief under Section 41A of the Criminal Procedure Code. The petitioner’s counsel argued that liberty had already been granted to the petitioner under the said provision. The court examined whether the petition remained maintainable in view of the grant of liberty. It held that since the relief sought had already been accorded, the petition had become infructuous. Consequently, the court dismissed the petition as infructuous.

Issues considered

Whether the petition remains maintainable after liberty under Section 41A of the Cr.P.C. has been granted?

Legislation cited

Code of Criminal Procedure, 1973 — s. 41A

Subjects

Criminal Procedure
Section 41A
Liberty
Infructuous Petition
Petition Dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.78060 of 2025
                     Arising Out of PS. Case No.-254 Year-2025 Thana- GAYA KOTWALI District- Gaya
                  ======================================================
                  Bugal Sao @ Bugul Sao @ Srikant Prasad S/O Bankey Lal R/O Mohalla -
                  Gosai Bag, Dhobi Gali, Tekari Road, P.S - Kotwali, District - Gaya

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Rajesh Kumar Mishra, Advocate
                  For the Opposite Party/s :       Mr. Dr.Mrityunjaya Kr.Gautam, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

3    21-01-2026                  Learned counsel for the petitioner submits that the

                    petitioner has already been granted the liberty under the

                    provisions of Section 41A of the Cr.P.C., therefore this

                    application has become infructuous.

                                 2. The petition stands dismissed as having become

                    infructuous.



                                               (Sourendra Pandey, J)
krishna/-

U       T

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