Patna High Court

SUNIT KUMAR @ SUNIT KUMAR VISHWAS @ SAMRAAT VISHWASHversusTHE STATE OF BIHAR

Decided: 10 March 2026
Disposal: DISMISSED
Bench: PRAVEEN KUMAR

Holding

The application is dismissed as infructuous because the petitioner has been acquitted.

Summary

The petitioner, Sunit Kumar, filed an application before the Patna High Court after being acquitted in a criminal case (PS Case No. 609 of 2023). No counsel appeared on behalf of the petitioner, while counsel for the State and the second opposite party were present. The counsel for the second opposite party submitted that the acquittal rendered the application infructuous. The Court examined the submission and noted that once an acquittal is recorded, there is no substantive ground for the relief sought. Consequently, the Court dismissed the application as infructuous. The order was pronounced by Justice Praveen Kumar.

Issues considered

Whether the application filed by the petitioner is maintainable after his acquittal

Subjects

acquittal
infructuous application
criminal procedure
application dismissal
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7963 of 2024
                  Arising Out of PS. Case No.-609 Year-2023 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 SUNIT KUMAR @ SUNIT KUMAR VISHWAS @ SAMRAAT
                 VISHWASH S/O AJIT KUMAR BISWAS R/O SHANTI NIKETAN
                 SHIKSHAN SANSTHAN SITUATED AT MENHA PANCHGACHHIA, P.S-
                 BIHRA, DISTT.- SAHARSA. AT PRESENT GAUTAM NAGAR,
                 GANGJALA, WARD NO. 12/16, P.S AND DISTT.- SAHARSA.
                                                                ... ... Petitioner/s
                                             Versus
           1.     THE STATE OF BIHAR
           2.     NAZRA PRAVEEN W/O MD. VALIULLAH R/O NARIYAR MILLAT
                  NAGAR, WARD NO. 8, SAHARSA, P.S AND DISTT.- SAHARSA.
                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s            :       None
                 For the Opposite Party/s        :       Mr. Rabindra Kumar, APP
                 For the Opposite Party No.2     :       Mr. Ashhar Mustafa, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   10-03-2026                 None appeared on behalf of the petitioner, however

                   learned counsel for the Opposite Party No.2 and learned APP for

                   the State are present.

                               2. Learned counsel for the Opposite Party No.2 fairly

                   submits that the petitioner has been acquitted and as such, this

                   application has become infructuous.

                               3. Accordingly, the present application is dismissed as

                   being infructuous.



                                               (Praveen Kumar, J)
shivam/-
U      T

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