Patna High Court

Prem PrakashversusThe State Of Bihar

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

Holding

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

Summary

The petitioner, Prem Prakash, filed a criminal miscellaneous application in 2018. No counsel appeared on his behalf for multiple hearings, including the hearing on 30-03-2026. The State of Bihar was represented by Advocate Rajesh Kumar, A.P.P. The court noted the petitioner's repeated absence and lack of interest in pursuing the matter. Consequently, the court dismissed the application for default due to non-prosecution. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

Whether the criminal miscellaneous application should proceed in the absence of the petitioner’s representation

Subjects

default judgment
criminal miscellaneous application
non-prosecution
adjournment

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.28788 of 2018
                        Arising Out of PS. Case No.-232 Year-2012 Thana- NAUBATPUR District- Patna
                   ======================================================
                   Prem Prakash Son of Sri Kumar Ravindra, resident of Village- Master Colony,
                   Naubatpur, P.S.- Naubatpur, District- Patna.

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

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Rajesh Kumar, 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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