Patna High Court

Rakesh RaushanversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: PRABHAT KUMAR SINGH

Holding

The application was dismissed for default because the petitioner's counsel did not appear and appeared to have lost interest in prosecuting the case.

Summary

This is a criminal miscellaneous application filed by Rakesh Raushan before the Patna High Court, arising out of PS Case No. 1981 of 2017 from Bhagalpur. The State of Bihar and Priyatam Kumar were arrayed as opposite parties. On 27-04-2026, when the matter was taken up, no one appeared on behalf of the petitioner. The counsel for the State and the counsel for the informant were present. The court observed that the petitioner's counsel had apparently lost interest in pursuing the case. Consequently, the court dismissed the application for default. No merits of the case were decided.

Issues considered

Whether the criminal miscellaneous application is liable to be dismissed for default due to non-appearance of the petitioner's counsel?

Subjects

Criminal Miscellaneous
Dismissal for default
Non-appearance
Criminal Procedure

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.11430 of 2026
                    Arising Out of PS. Case No.-1981 Year-2017 Thana- BHAGALPUR COMPLAINT CASE
                                                      District- Bhagalpur
                   ======================================================
                   Rakesh Raushan S/O Bindeshwari Prasad Thakur Resident of Tawa Ghat, P.s.-
                   Jasidih, District- Deoghar, Jharkhand

                                                                              ... ... Petitioner/s
                                                     Versus
              1.   The State of Bihar
              2.   Priyatam Kumar S/O Brambhdeo Mistri R/O Vill.- Garaiya (Navgachiya),
                   P.S.- Navgachiya, Dist.- Bhagalpur

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :    None
                   For the Opposite Party/s :    Mr. Jai Narain Thakur, A.P.P.
                   For the Informant        :    Mr. Ashok Kumar Yadav, Advocate
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                         ORAL ORDER

3   27-04-2026                    None appears on behalf of the petitioner. However,

                     learned counsel for the State and learned counsel for the

                     informant are present.

                                  2. It appears that learned counsel for the petitioner has

                     lost interest in pursuing this case. This application is,

                     accordingly, dismissed for default.



                                            (Prabhat Kumar Singh, J)
Navya/-

U         T

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