Patna High Court

Saurabh Kumar @ Sanjay KumarversusState Of Bihar and Anr

Decided: 23 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for default owing to the petitioner's non‑prosecution.

Summary

The petitioner, Saurabh Kumar, filed a criminal miscellaneous application (No.1004 of 2018) arising out of a 2016 complaint case. No counsel appeared on behalf of the petitioner on the scheduled hearing dates, and the petitioner expressed no interest in pursuing the matter. The State, represented by Advocate Pranav Kumar, was the only party present. The Court noted the repeated absence of the petitioner and observed that the matter pertained to an old case from 2018. Consequently, the Court dismissed the criminal miscellaneous application for default due to non‑prosecution. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

Whether the criminal miscellaneous application should be dismissed for default due to the petitioner's failure to appear and prosecute the matter

Subjects

default judgment
non‑prosecution
criminal miscellaneous application
procedural dismissal
court adjournment

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.1004 of 2018
                    Arising Out of PS. Case No.-432 Year-2016 Thana- PATNA COMPLAINT CASE District-
                                                            Patna
                   ======================================================
                   Saurabh Kumar @ Sanjay Kumar Son of Late Triloki Nath Gupta resident of
                   Mohalla - Nehru Tola Morcha Road, Begampur, Patna City, P.S. - Chowk,
                   District - Patna.
                                                                         ... ... Petitioner/s
                                                 Versus
              1.    The State of Bihar.
              2.    Priyanka Kumari @ Doli Kumari W/o Saurabh Kumar @ Sanjay Kumar at
                    present residing at Hospital Road, Bartan Gali, Masaurhi, P.S. - Masaurhi,
                    District - Patna.
                                                                        ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Pranav Kumar, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

6     23-03-2026                  No one is present on behalf of the petitioner, however,

                     learned A.P.P. for the State is present.

                                  2. On the previous dates also no one was present on

                     behalf of the petitioner and the case was adjourned.

                                  3. Since the petitioner has no interest to pursue this

                     matter which is of the year 2018, accordingly, the present Cr.

                     Misc. Application stands dismissed for default due to non-

                     prosecution.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

Continue reading with your account

Checking your session…