Patna High Court

Raushan KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: SATYAVRAT VERMA

Holding

The appeal is dismissed for non‑prosecution because the appellants failed to remove the identified defects.

Summary

The appellants, six individuals, filed a criminal appeal (SJ) No.85 of 2026 against the State of Bihar and Uma Devi. No counsel appeared on their behalf, while the State was represented by Special Public Prosecutor Sadanand Paswan. The court noted that the appellants had been given a week to rectify procedural defects in their appeal but had failed to do so, as confirmed by the office notes. The failure to remove the defects was held to demonstrate a loss of interest in pursuing the appeal. Consequently, the High Court dismissed the appeal on the ground of non‑prosecution.

Issues considered

Whether the appeal should be dismissed for non‑prosecution due to the appellants' failure to rectify procedural defects

Subjects

criminal appeal
non-prosecution
dismissal
high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.85 of 2026
                     Arising Out of PS. Case No.-258 Year-2024 Thana- ARIYARI District- Sheikhpura
                 ======================================================
           1.     Raushan Kumar S/o Prahlad Chauhan R/v- Chavaniya PS- Ariyari Dist-
                  Sheikhpura
           2.    Prem Kumar S/o- Ramchandra Chauhan @ Chandra Chauhan R/v-
                 Chavaniya PS- Ariyari Dist- Sheikhpura
           3.    Vikash Kumar S/o- Sharwan Chauhan R/v- Chavaniya PS- Ariyari Dist-
                 Sheikhpura
           4.    Kanku Chauhan @ Kanku Kumar S/o- Late Ram Khelawan Chauhan R/v-
                 Chavaniya PS- Ariyari Dist- Sheikhpura
           5.    Prahlad Chauhan S/o- Late Puna Chauhan R/v- Chavaniya PS- Ariyari Dist-
                 Sheikhpura
           6.    Sharvan Chauhan S/o- Late Prameshwar Chauhan R/v- Chavaniya PS-
                 Ariyari Dist- Sheikhpura
                                                                  ... ... Appellant/s
                                              Versus
           1.    The State of Bihar
           2.     Uma Devi W/o- Ajay Ram R/v- Hardayalpur, Viman PS- Ariyari Dist-
                  Sheikhpura
                                                                ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        None.
                 For the Respondent/s    :        Mr. Sadanand Paswan, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   22-04-2026                 1. No one appears on behalf of the appellants.

                               2. Mr. Sadanand Paswan, learned Special Public

                   Prosecutor for the State is present.

                               3. The case was taken up on 15.04.2026 and the

                   appellants have sought a week’s time for removing the defects

                   as pointed out by the office but then from perusal of the office

                   notes, it manifests that the appellants till date have not removed

                   the defects which amply demonstrates that appellants have lost
           Patna High Court CR. APP (SJ) No.85 of 2026(4) dt.22-04-2026
                                                        2/2




                     their interest in the case, as such, the appeal is dismissed for

                     non-prosecution.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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