Patna High Court

Bimal Kumar SinhaversusThe State of Bihar

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

Holding

The Court held that the application was dismissed as withdrawn on the ground that it had become infructuous.

Summary

Petitioner Bimal Kumar Sinha filed an application before the Patna High Court in a criminal miscellaneous proceeding. Counsel for the petitioner submitted that, owing to the passage of time, the stage of the main case had changed, rendering the application infructuous. The petitioner therefore sought to withdraw the application. The Court examined whether the application could be treated as withdrawn on the ground of being infructuous. Finding the submission satisfactory, the Court allowed the prayer for withdrawal. Consequently, the application was dismissed as withdrawn.

Issues considered

Whether an application that has become infructuous can be withdrawn and dismissed by the Court

Subjects

criminal procedure
withdrawal of application
infructuous application
high court order
patna high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9219 of 2024
                   Arising Out of PS. Case No.-314 Year-2022 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Bimal Kumar Sinha Son of Late Daya Shankar Prasad R/o vill - Dakbangala
                 Road, New Colony, Koiri tola, P.S. - Bettiah Town, Dsit - West Champaran
                                                                              ... ... Petitioner
                                                    Versus
           1.     The State of Bihar
           2.     America Prasad Son of Kishun Mahto R/o vill - Tadhwanandpur, P.S. -
                  Bairiya, Distt. - West Champaran
                                                                 ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aditya Nath Jha
                 For the Opposite Party/s :       Mr.Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   10-03-2026                    Learned counsel for the petitioner fairly submits that

                   by efflux of time the stage of the case has changed and as such

                   this application has become infructuous and prays for

                   withdrawal.

                                2. Prayed is allowed.

                                3. This application is dismissed as withdrawn as

                   having become infructuous.



                                              (Praveen Kumar, J)
Pawan/-

U     T

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