Patna High Court

ASRAF ALI @ MD. ALIversusThe State of Bihar

Decided: 8 July 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: PRABHAT KUMAR SINGH RAJESH KUMAR VERMA

Holding

The appeal was dismissed for default due to non‑prosecution by the appellant.

Summary

The appellant, Asraf Ali, filed a criminal appeal (SJ) No.5448 of 2023 before the Patna High Court arising from PS case No.281 of 2023. No counsel appeared on behalf of the appellant, while the respondent No.2, Pankaj Bharti, was represented by Mr. Praveen Kumar and the State of Bihar by Special Public Prosecutor Mr. Binay Krishna. The court noted the appellant's failure to prosecute the appeal. Consequently, the court held that the appeal could not be entertained due to default. The appeal was therefore dismissed.

Issues considered

Whether an appeal can be entertained when the appellant fails to appear or prosecute the proceedings

Subjects

criminal appeal
default
non‑prosecution
high court
dismissal

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CRIMINAL APPEAL (SJ) No.5448 of 2023
                          Arising Out of PS. Case No.-281 Year-2023 Thana- RAMPUR District- Gaya
                   ======================================================
                   Asraf Ali @ Md. Ali Son Of Md. Abbas Khan R/O A.N. Road, South Najo
                   Khan Lane, Murarpur, P.S.- Kotwali, Dist.- Gaya, Bihar

                                                                                    ... ... Appellant/s
                                                         Versus
             1.    The State of Bihar
             2.    Pankaj Bharti Son Of Premchand Ram R/O Gewal Bigha, Bengali Colony,
                   Pahadi Par, P.S.- Rampur, Dist.- Gaya, Bihar

                                                             ... ... Respondent/s
                   ======================================================
                   Appearance :
                   For the Appellant/s     :        None
                   For the Resp. No. 2     :        Mr. Praveen Kumar, Advocate
                   For the State           :        Mr. Binay Krishna, Spl. P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                         ORAL ORDER

4     08-07-2025                   No one appears on behalf of the appellant.

                                 2. However, learned counsel for the Respondent No.

                     2 as well as learned Special Public Prosecutor for the State are

                     present.

                                 3. The appeal stands dismissed for default for non-

                     prosecution.



                                                                   (Rajesh Kumar Verma, J)
Ibrar//-

U

Continue reading with your account

Checking your session…