Patna High Court

Bolu Kunwar @ Bholu Kumar @ Subindra Kunwar @ Subin KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: PARTHA SARTHY

Holding

The appeal is dismissed as the appellant failed to appear, amounting to non‑prosecution.

Summary

The appellant, Bholu Kunwar (also known as Bholu Kumar, Subindra Kunwar, Subin Kumar), filed Criminal Appeal No. 4492 of 2025 arising from a police case registered in Jalalpur, Saran. The appeal was before the Patna High Court with Mr. Raghwendra Pratap Singh appearing for the appellant, while the State of Bihar was represented by Mr. Sadanand Paswan, APP, and the informant by Mr. Ajay Kumar Tiwary. During the hearing on 23‑02‑2026, counsel for the appellant informed the court that the appellant had taken no objection and would no longer appear in the case. The court noted that no one was present to represent the appellant. Consequently, the court dismissed the appeal on the ground of non‑prosecution, holding that an appeal cannot proceed when the appellant fails to appear. The order was pronounced by Justice Partha Sarthy.

Issues considered

Can an appeal be dismissed for non‑prosecution when the appellant fails to appear before the court?

Subjects

appeal
non-prosecution
procedural law
criminal procedure
court dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.4492 of 2025
                        Arising Out of PS. Case No.-117 Year-2025 Thana- JALALPUR District- Saran
                  ======================================================
                  Bolu Kunwar @ Bholu Kumar @ Subindra Kunwar @ Subin Kumar Son of
                  Bhuneshwar Kunwar R/o Village - Bangra Nadi Par, P.S. - Jalalpur, Dist. -
                  Saran.

                                                                                    ... ... Appellant/s
                                                        Versus
            1.    The State of Bihar
            2.    Amit Paswan Son of Lalan Paswan R/o Village - Karn Kudariya, P.S. -
                  Mashrakh - Saran.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Mr. Raghwendra Pratap Singh, Advocate
                  For the Respondent/s    :        Mr. Sadanand Paswan, APP
                  For the Informant       :        Mr. Ajay Kumar Tiwary, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                        ORAL ORDER

3    23-02-2026                    Learned counsel for the appellant, learned APP for

                    the State and learned counsel for the informant are present.

                                2. Learned counsel for the appellant submits that the

                    appellant has taken no objection and as such he no longer

                    appears in the case.

                                3. As no one appears on behalf of the appellant, the

                    appeal is dismissed for non-prosecution.



                                                (Partha Sarthy, J)
Saurabh/-

U      T

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