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Patna High Court

LALAN KUMAR @ LALAN KUMAR SINGHversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The application is dismissed for non-prosecution.

Summary

The petitioner, Lalan Kumar, filed an application in the Patna High Court arising from a criminal miscellaneous case (No.13431 of 2022) concerning an incident in Begusarai. The State of Bihar and a co-accused, Abhishek Kumar, were opposite parties. Despite multiple notices dated 04-12-2025 and 19-01-2026, the petitioner failed to appear before the court, and no counsel represented him. The learned Assistant Public Prosecutor for the State appeared, indicating the State's readiness to proceed. Observing the petitioner's repeated non-appearance and apparent loss of interest, the court dismissed the application on the ground of non-prosecution. The order was pronounced by Hon’ble Justice Smt. Soni Shrivastava.

Issues considered

  • Whether the application filed by the petitioner should be dismissed for non-prosecution due to his failure to appear?

Subjects

  • non-prosecution
  • criminal procedure
  • application dismissal
  • court procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.13431 of 2022
                     Arising Out of PS. Case No.-86 Year-2021 Thana- BACHHWARA District- Begusarai
                  ======================================================
                  LALAN KUMAR @ LALAN KUMAR SINGH Son of Vishwanath Singh
                  Resident of Village- Rudauli, Police Station - Bachhwara, District -
                  Begusarai, Bihar, At present Village - Jagdamba Nagar, Ahiyapur Mai Sthan
                  Marg, Police Station and Post- Muzaffarpur M.I.T. District - Muzaffarpur,
                  PIN- 842003 (Bihar).
                                                                           ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar
            2.     Abhishek Kumar @ Kanhaiya Singh Son of Late Ram Bahadur Sharma
                   Resident of Village- Rudauli, Police Station - Bachhwara, District -
                   Begusarai, Bihar,
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      None
                  For the Opposite Party/s :      Mr. Sanjay Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    22-01-2026                     In spite of repeated calls, none appeared on behalf

                    of the petitioner. On 04.12.2025 and 19.01.2026 also none had

                    appeared on behalf of the petitioner.

                                    2. Learned APP for the State is present before the

                    Court.

                                    3. It appears that the petitioner has lost interest in

                    the case.

                                    4. Accordingly, this application is dismissed for

                    non- prosecution.


                                               (Soni Shrivastava, J)

anand/-
U       t


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