Patna High Court

Narayan Kumar Mallick @ Narayan MallickversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: RAJESH KUMAR VERMA

Holding

The application was dismissed for default for non‑prosecution.

Summary

The petitioner, Narayan Kumar Mallick, filed an application before the Patna High Court in a criminal miscellaneous case arising from PS case No‑248 of 2024. No counsel appeared on behalf of the petitioner and the petitioner himself did not appear. The State was represented by Assistant Public Prosecutor Ashok Kumar Singh. The Court noted the petitioner’s non‑appearance and, under the principles of criminal procedure, dismissed the application for default due to non‑prosecution. The order was pronounced by Justice Rajesh Kumar Verma, thereby closing the petition without any substantive hearing.

Issues considered

Whether an application may be dismissed for default when the petitioner fails to appear and prosecute the case

Subjects

default judgment
non‑prosecution
criminal procedure
high court order
petition dismissal

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.19953 of 2025
                   Arising Out of PS. Case No.-248 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar
                   ======================================================
                   Narayan Kumar Mallick @ Narayan Mallick S/O Raghuveer Mallick R/O
                   Lohiya Nagar, P.S- Sahayak, Distt.- Katihar.

                                                                                   ... ... Petitioner/s
                                                        Versus
             1.    The State of Bihar Bihar
             2.    Lila Nand Mandal S/O Late Mahavir Mandal R/O- Officer Colony
                   Mirchaibad P.S.- KAtihar, District- katihar

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s      :     None
                   For the State             :     Mr. Ashok Kumar Singh, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                         ORAL ORDER

12    17-03-2026                          No one appears on behalf of the petitioner.

                     However, learned APP for the State is present.

                                          2. In view of the aforesaid, the application is

                     dismissed for default for non-prosecution.



                                                                  (Rajesh Kumar Verma, J)
Ibrar//-

U

Continue reading with your account

Checking your session…