Munna Upadhayay @ Umashankar Upadhayay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.874 of 2022 Arising Out of PS. Case No.-305 Year-2014 Thana- CIVIL LINE District- Gaya ====================================================== MUNNA UPADHAYAY @ UMASHANKAR UPADHAYAY Son of Late Shiv Babu Upadhayay Resident of Mohalla- Nawagarhi, P.S.- Vishnupad, District- Gaya.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar, Adv.

For the Respondent/s :

Mr.Bipin Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 16-12-2025

1. This appeal has been filed against the judgment of conviction dated 21.02.2022 and order of sentence dated 24.02.2022 passed by learned Additional Sessions Judge-III, Gaya in S.Tr. No. 393 of 2015/34 of 2019 arising out of Civil Lines P.S. Case No. 305/2014, whereby the appellant stood convicted for the offence under Section 306 of the Indian Penal Code and was sentenced to undergo R.I. for 05 years along with a fine of Rs. 5,000/- and in default of payment of fine, to further suffer R.I. for six months.

2. At the outset, the learned counsel for the appellant has informed this Court that the sole appellant after serving the entire period of his sentence, has been released from jail and thus the

Patna High Court CR. APP (SJ) No.874 of 2022(7) dt.16-12-2025 2/2 appeal has become infructuous.

3. In light of the appellant having served the full sentence, the appeal challenging the order of learned Trial Court, no longer serves a practical purpose and has become infructuous and, therefore, the present appeal is dismissed as having become infructuous.

4. The appeal is consigned to the records.

(G. Anupama Chakravarthy, J) sunilkumar/- U