Patna High Court

Vinod Rai @ Sudhir RaiversusThe State Of Bihar

Decided: 30 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for default as the petitioner failed to appear and showed no interest in pursuing the matter.

Summary

The petitioner, Vinod Rai, failed to appear before the Patna High Court on multiple dates for a criminal miscellaneous application arising from a 1999 case. No counsel represented the petitioner, and the State was represented by A.P.P. Shailendra Kumar. The court noted that the petitioner showed no interest in pursuing the matter, which originated in 2018. Consequently, the court exercised its power to dismiss the application for default due to non‑prosecution. The order was pronounced by Justice Sunil Dutta Mishra, and the matter was closed without any further hearing.

Issues considered

Whether a criminal miscellaneous application may be dismissed for default when the petitioner fails to appear and demonstrates no intention to prosecute?

Subjects

Criminal Procedure Code
Default judgment
Non‑prosecution
Adjournment
High Court
Petitioner absence

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.24650 of 2018
                          Arising Out of PS. Case No.-68 Year-1999 Thana- SAHAR District- Bhojpur
                   ======================================================
                   Vinod Rai @ Sudhir Rai son of Ram Janam Rai, resident of Village- Chasi,
                   P.S. Narayanpur, District- Bhojpur.

                                                                                     ... ... Petitioner/s
                                                         Versus
                   The State of Bihar.

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Shailendra Kumar No.2, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

6     30-03-2026                  No one is present on behalf of the petitioner, however,

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

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

                     behalf of the petitioner and the case was adjourned.

                                  3. Since the petitioner has 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

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