Patna High Court

SUMIT KUMAR SINGHversusThe State of Bihar, Through the Chief Secretary, Govt. of Bihar, Patna.

Decided: 13 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ARUN KUMAR JHA

Holding

The petition is dismissed for non-prosecution.

Summary

The petitioner, Sumit Kumar Singh, filed a criminal writ petition (Case No. 835 of 2022) in the Patna High Court challenging actions of the State of Bihar and several officials. No counsel appeared on behalf of the petitioner during the hearing on 13-02-2026, and the petitioner’s counsel had previously sought an adjournment. The court noted that the petitioner appeared to have lost interest in pursuing the case. Consequently, the court exercised its discretion to dismiss the petition for non-prosecution. The dismissal was ordered without any substantive examination of the merits, as the petitioner failed to prosecute the petition.

Issues considered

What is the appropriate course of action when a petitioner fails to appear or prosecute a writ petition?

Subjects

writ jurisdiction
criminal petition
non-prosecution
petition dismissal
high court procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.835 of 2022
                  Arising Out of PS. Case No.-427 Year-2022 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Sumit Kumar Singh Son of Late Brij Kishor Singh, Resident of Village -
                 Dahiyawan Tandipar, P.S.- Chapra Muffasil, District - Saran.

                                                                                  ... ... Petitioner
                                                      Versus

           1.    The State of Bihar, Through the Chief Secretary, Govt. of Bihar, Patna.
                 Bihar
           2.    D.G.P. Patna, Bihar
           3.    D.I.G. Saran, Chapra. Bihar
           4.    District Magistrate, Saran, Chapra. Bihar
           5.    Superintendent of Police, Saran, Chapra. Bihar

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        None
                 For the Respondent/s   :        Mr. Sheo Shankar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

5   13-02-2026                    On call, no one appears on behalf of the petitioner.

                   However, learned APP for the State is present.

                                  2. On 22.01.2026, following order was passed:

                                         “On the last day of hearing, there was no
                                   representation on behalf of the petitioner.
                                   Today also, learned counsel for the petitioner
                                   seeks short adjournment.

                                         2. At the request of learned counsel
                                   appearing on behalf of the petitioner and by
                                   way of last indulgence, list this case on
                                   29.01.2026.”

                                  3. It seems the petitioner has lost interest in his
          Patna High Court CR. WJC No.835 of 2022(5) dt.13-02-2026
                                                      2/2




                    case. Hence, the present petition is dismissed for non-

                    prosecution.


                                                             (Arun Kumar Jha, J)

Shahnawaz/-

U     T

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