Patna High Court

Raj Kumar BhuiyanversusThe State of Bihar

Decided: 28 January 2026
Disposal: WITHDRAWN
Bench: SANDEEP KUMAR

Holding

The application is dismissed as withdrawn because it has become infructuous following the petitioners' arrest.

Summary

The petitioners, Raj Kumar Bhuiyan, Govind Bhuiyan and Subash Bhuiyan, filed an application before the Patna High Court. While the application was pending, the petitioners were arrested. Their counsel then sought to withdraw the application, stating it had become infructuous. The Court noted that since the petitioners were already in custody, the relief sought could no longer be granted. Accordingly, the Court dismissed the application as withdrawn.

Issues considered

Whether an application becomes infructuous and can be withdrawn after the petitioners are arrested

Subjects

withdrawal of application
infructuous application
arrest
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.90918 of 2025
                       Arising Out of PS. Case No.-99 Year-2025 Thana- SALAIYA District- Aurangabad
                  ======================================================
            1.     Raj Kumar Bhuiyan Son of Jageshwar Bhuiyan Resident of village -
                   Tetariya, P.S.- Salaiya, District - Aurangabad
            2.    Govind Bhuiyan Son of Harikishan Bhuiyan @ Hari Kishun Bhuiyan
                  Resident of village - Tetariya, P.S.- Salaiya, District - Aurangabad
            3.    Subash Bhuiyan Son of Raj Kumar Bhuiyan Resident of village - Tetariya,
                  P.S.- Salaiya, District - Aurangabad

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Bindeshwar Prasad Singh
                  For the Opposite Party/s :        Mr.Pramod Kumar Pandey
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    28-01-2026                    Heard the parties.

                                 2. Learned counsel for the petitioners prays for and is

                    permitted to withdraw this application as the petitioners are

                    already arrested and this application has become infructuous.

                                 3. Accordingly, this application is dismissed as

                    withdrawn as having become infructuous.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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