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Patna High Court

Raju Kumar Singh @ Raju KumarversusThe State of Bihar

Decided
Disposal
D.F.D. (PRE-EMPTORY)

Holding

The appeal is dismissed for non‑prosecution due to failure to file the required notices within two weeks.

Summary

The appellants, Raju Kumar Singh and Nitish Kumar, filed a criminal appeal before the Patna High Court against the State of Bihar and Deepak Kumar. The learned Coordinate Bench had earlier directed that notices be filed within two weeks, failing which the application would be dismissed. The appellants did not file the required notices within the stipulated period. Consequently, the Court noted the non‑compliance and dismissed the appeal for non‑prosecution. The judgment was delivered by Justice Satyavrat Verma.

Issues considered

  • Whether the appeal should be dismissed for failure to file the required notices within the two‑week period as directed by the Court?

Subjects

  • Criminal Procedure
  • Procedural Default
  • High Court
  • Appeal Dismissal
  • Notice Requirement

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4194 of 2025
                      Arising Out of PS. Case No.-52 Year-2024 Thana- Amdanda District- Bhagalpur
                 ======================================================
           1.     Raju Kumar Singh @ Raju Kumar S/o Raj Kishor Singh R/o Village-
                  Ratanpur, Thana- Amdanda, District- Bhagalpur
           2.    Nitish Kumar @ Nitish Kumar Singh S/o Ramfal Singh R/o Village-
                 Ratanpur, Thana- Amdanda, District- Bhagalpur

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Deepak Kumar S/o Shravan Rajak R/o vill- Ratanpur, P.S.- Amdanda, Distt.-
                 Bhagalpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ranjan Kumar Jha
                 For the Respondent/s    :        Mr. Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   06-04-2026                 1.Heard learned counsel for the petitioner, learned

                   Special P.P. Mr. Sadanand Paswan and the learned counsel

                   appearing on behalf of the informant.

                               2. The case was taken up on 23.02.2026 by the

                   learned Coordinate Bench, when notices were issued on O.P.

                   No.2/informant by both modes. It was also recorded in the order

                   that the notices must be filed within a period of two weeks from

                   today, failing which the present application be posted under the

                   heading “To Be Mentioned” for being dismissed for non-

                   compliance.

                               3. In compliance of the order dated 23.02.2026, the
             Patna High Court CR. APP (SJ) No.4194 of 2025(5) dt.06-04-2026
                                                          2/2




                       case has been posted under the heading to be mentioned. Since

                       the notices within a period of two weeks was not filed as such

                       the appeal is dismissed for non-prosecution.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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