Patna High Court

Mukesh Gupta @ Mukesh PrasadversusThe State of Bihar

Decided: 3 February 2026
Disposal: D.F.D. (PRE-EMPTORY)
Bench: SATYAVRAT VERMA

Holding

The appeal is dismissed for non-prosecution due to the appellants' failure to appear or be represented.

Summary

Mukesh Gupta and Uttam Gupta filed Criminal Appeal (SJ) No.2119 of 2025 before the Patna High Court challenging a decision of the lower court. The respondents were the State of Bihar and Puja Kumari. No counsel appeared on behalf of the appellants, while the State was represented by learned Special Public Prosecutor Sadanand Paswan. The Court noted the absence of any representation for the appellants. Consequently, the Court dismissed the appeal on the ground of non-prosecution, as the appellants failed to prosecute their case. The order was pronounced by Justice Rajesh Kumar Verma.

Issues considered

Whether an appeal can be proceeded with when no party appears or is represented before the Court

Subjects

appeal
non-prosecution
representation
criminal procedure
high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (SJ) No.2119 of 2025
                            Arising Out of PS. Case No.-479 Year-2023 Thana- FATUA District- Patna
                    ======================================================
               1.    Mukesh Gupta @ Mukesh Prasad S/o- Late Indra Gupta Prasad
               2.   Uttam Gupta S/o- Mukesh Gupta @ Mukesh Prasad.
                    Both R/o Vill- Sora Kothi, Ps- Fatuha, Dist- Patna

                                                                                       ... ... Appellant/s
                                                           Versus
               1.   The State of Bihar
               2.   Puja Kumari W/o- Dhiraj Kumar R/o Vill- Sora Kothi, Ps- Fatuha, Dist-
                    Patna

                                                              ... ... Respondent/s
                    ======================================================
                    Appearance :
                    For the Appellant/s     :        None
                    For the Respondent/s    :        Mr.Sadanand Paswan, Spl.P.P.
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                          ORAL ORDER

2    17-06-2025                   No one appears on behalf of the appellants.

                                  However, Mr.Sadanand Paswan, learned Spl.P.P. for

                      the State is present.

                                  In view of the aforesaid, this appeal is dismissed for

                      non-prosecution.



                                             (Rajesh Kumar Verma, J)
Nitesh/-

U          T

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