Patna High Court

Birendra Rawat @ Birendra MusharversusThe State of Bihar

Decided: 9 January 2026
Disposal: DISPOSED
Bench: ARUN KUMAR JHA

Holding

The petition is dismissed as infructuous because the trial in which the petitioner was in custody has already been disposed of.

Summary

The petitioner, Birendra Rawat, filed a petition before the Patna High Court challenging his continued custody. The trial court (Additional Sessions Judge-IX, Siwan) reported that Sessions Trial No. 72 of 2020, arising from the 2019 case, had been disposed of, though no specific disposal date was mentioned. Since the trial in which the petitioner was detained had already concluded, the High Court held that the petition had become infructuous. Consequently, the Court disposed of the petition without further hearing. The order was delivered by Justice Arun Kumar Jha on 9 January 2026.

Issues considered

What is the appropriate disposition of a petition when the underlying trial has already been disposed of?

Subjects

criminal procedure
infructuous petition
trial disposal
high court order
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82995 of 2025
                     Arising Out of PS. Case No.-166 Year-2019 Thana- GORIAKOTHI District- Siwan
                 ======================================================
                 Birendra Rawat @ Birendra Mushar Son of Sri Bigu Rawat R/O Vill.-
                 Chhitauli Musher Toli, P.S.- Goreakothi, District - Siwan.
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajiv Ranjan Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr.Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

4   09-01-2026                  On the last date of hearing, i.e., 05.12.2025, a report

                   was called for from the learned trial court about present stage of

                   Sessions Trial No. 72 of 2020, arising out of Goreyakothi P.S.

                   Case No. 166 of 2019. Pursuant to the said order, a report has

                   been received from learned Additional Sessions Judge-IX,

                   Siwan, wherein he has submitted that he has disposed of

                   Sessions Trial No. 72 of 2020 though no date has been

                   mentioned when the case was disposed of.

                                2. Since the trial in which the petitioner had been in

                   custody already been disposed of, the matter has become

                   infructuous and the same is disposed of.



                                              (Arun Kumar Jha, J)
 DKS/-

U        T

Continue reading with your account

Checking your session…