Patna High Court

Manjay Sahni and OrsversusState Of Bihar and Anr

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

Holding

The application is dismissed for default due to non‑prosecution.

Summary

The petitioners, a group of relatives from Village Ram Math, filed a criminal miscellaneous application against the State of Bihar and Punam Devi concerning a 2018 case. No counsel appeared on behalf of the petitioners, and the matter was repeatedly adjourned. The learned Additional Public Prosecutor for the State was the only counsel present. The court observed that the petitioners showed no interest in pursuing the matter despite the lapse of several years. Consequently, the court dismissed the application for default due to non‑prosecution.

Issues considered

Whether a criminal miscellaneous application can be entertained when the petitioners fail to appear and show interest in pursuing the case.

Subjects

Criminal Procedure Code
default dismissal
non‑prosecution
adjournment
petitioner's absence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1233 of 2018
                   Arising Out of PS. Case No.-128 Year-2005 Thana- MUZFFARPUR COMPLAINT CASE
                                                    District- Muzaffarpur
                  ======================================================
            1.     Manjay Sahni
            2.    Sanjay Sahni, Both sons of Mushafir Sahani,
            3.    Mushafir Sahni.
            4.    Munsi Sahani, Both Sons of Late Bulla Sahani.
            5.    Shakuntala Devi, W/o Musafir Sahani.
                  All resident of Village Ram Math, P.S.- Vaishli Belsar O.P., District-
                  Vaishali.
                                                                       ... ... Petitioner/s
                                                  Versus
            1.    The State of Bihar.
            2.     Punam Devi, W/o Manjay Sahani, resident of Karpuri Nagar Balughat, P.S.
                   Town, District Muzaffarpur.
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

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

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

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

                    behalf of the petitioners and the case was adjourned.

                                 3. Since the petitioners have 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…