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Patna High Court

SANJEEV KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petition was dismissed for want of prosecution.

Summary

Petitioner Sanjeev Kumar filed a criminal miscellaneous petition against the State of Bihar and Chandan Kumar. No counsel appeared on behalf of the petitioner on the second consecutive date, indicating loss of interest in prosecution. The court therefore dismissed the petition for want of prosecution. The interim order previously granted on 21.04.2025 was vacated. The trial court was directed to proceed expeditiously in accordance with law.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear or prosecute a criminal miscellaneous petition?

Subjects

  • criminal miscellaneous
  • dismissal
  • want of prosecution
  • interim order vacated
  • trial court direction

Judgment

                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL MISCELLANEOUS No.14843 of 2025
                               Arising Out of PS. Case No.-336 Year-2024 Thana- BEUR District- Patna
                      ======================================================
                      Sanjeev Kumar, S/o- Nageshwar Singh, R/o- Ajay Kumar, Gate No-90, Near
                      Buddha Toyata, Makdumpur, P.S.- Digha, Dist- Patna
                                                                             ... ... Petitioner
                                                      Versus
                 1.    The State of Bihar
                 2.    Chandan Kumar, S/o Sohan Kumar, R/o- Binodpur, P.S.-Singhaul Dist-
                       Begusarai.
                                                                    ... ... Opposite Parties
                      ======================================================
                      Appearance :
                      For the Petitioner       :        None
                      For the State            :        Mr. Bharat Lal, APP
                      For the O.P. No.2        :        Mr. Deepak Kumar, Advocate
                      ======================================================
                      CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                            ORAL ORDER

10    12-01-2026                     It is the second consecutive date on which none

                        appeared on behalf of the petitioner, suggesting that the

                        petitioner has lost his interest in prosecution.

                                     2. Learned counsel for O.P. No.2 is present.

                                     3.    Accordingly,         the     present      petition      stands

                        dismissed in want of prosecution.

                                     4. In view of aforesaid, interim order granted in

                        terms of order dated 21.04.2025 stands vacated.

                                     5. Learned trial court is directed to proceed

                        expeditiously in accordance with law.


                                                            (Chandra Shekhar Jha, J.)
     Sanjeet/-
U        T


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