Patna High Court

Md. Afroj AlamversusThe State of Bihar

Decided: 24 March 2026
Disposal: WITHDRAWN
Bench: SANDEEP KUMAR

Holding

The bail petition was dismissed as withdrawn because the petitioner had been acquitted, rendering the petition infructuous.

Summary

The petitioner, Md. Afroj Alam, filed a bail petition in the Patna High Court while his criminal trial was pending. During the pendency of the bail petition, the trial concluded and the petitioner was acquitted by the trial court. The petitioner’s counsel argued that the bail petition had become infructuous due to the acquittal. The court examined whether a bail petition could continue after the accused has been cleared of the charges. Finding that there was no longer any need for bail, the court held that the petition could not proceed. Consequently, the bail petition was dismissed as withdrawn. The order was pronounced by Justice Sandeep Kumar.

Issues considered

Whether a bail petition remains maintainable after the accused has been acquitted in the trial court

Subjects

bail
acquittal
criminal procedure
petition withdrawn

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.974 of 2026
                      Arising Out of PS. Case No.-222 Year-2025 Thana- Excise P.S. District- Madhepura
                  ======================================================
                  Md. Afroj Alam S/O Md. Abdul Samad R/O Vill.- Satokhar, Ward no. 11,
                  P.S.- Singheshwar, Dist.- Madhepura.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Sanjay Kumar Singh
                  For the Opposite Party/s :        Mr.Madan Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

4    24-03-2026                  Heard the learned counsel for the petitioner and the

                    learned counsel for the State.

                                 2. Learned counsel for the petitioner submits that

                    during the pendency of the present bail petition, the trial has

                    concluded and the petitioner has been acquitted by the Court

                    below.

                                 3. In view of the above, the present bail petition has

                    become infructuous.

                                 4. Accordingly, the bail petition is dismissed as

                    withdrawn.



                                                        (Sandeep Kumar, J)
Shishir/-

U       T

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