Patna High Court

Md. AkbarversusThe State of Bihar

Decided: 6 April 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

A bail application becomes infructuous and is dismissed as withdrawn when the petitioner has already been granted default bail.

Summary

The petitioner, Md. Akbar, applied for regular bail in a case registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner submitted an order sheet showing that a default bail had already been granted by the lower court. The court examined whether the bail application remained viable in light of the prior default bail. It held that the bail application had become infructuous because the relief sought was already granted. Consequently, the application was dismissed as withdrawn. The order sheet was placed on record as part of the judgment.

Issues considered

Whether a bail application is maintainable when default bail has already been granted by the lower court

Legislation cited

Indian Penal Code — s. 272, 273

Subjects

bail
default bail
infructuous application
criminal procedure
IPC sections 272
IPC sections 273
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80685 of 2025
                     Arising Out of PS. Case No.-47 Year-2024 Thana- LAUKAHI District- Madhubani
                 ======================================================
                 Md. Akbar S/o Md. Ishak Miya @ Ishak Miya @ Md. Ishak R/o vill- Kariout,
                 PS- Laukahi, Dist- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baleshwar Kamat, Advocate
                 For the Opposite Party/s :      Mr. Shyam Kishor Singh, APP
                                                 Mr. Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   06-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Laukahi P.S. Case No. 47 of 2024 registered for the offence

                   under Sections 272, 273 of the Indian Penal Code and Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner has produced an

                   order sheet and submits that the petitioner has already been

                   granted default bail by the Court below.

                                4. In view of the aforesaid submission, the present

                   bail application has become infructuous.

                                5. Accordingly, the application is dismissed as

                   withdrawn as having become infructuous.

                                6. The copy of the order sheet produced by the
            Patna High Court CR. MISC. No.80685 of 2025(5) dt.06-04-2026
                                                        2/2




                      learned counsel for the petitioner is taken on record.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T

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