Patna High Court

Nishit @ Nishit Mishra and OrsversusState Of Bihar and Anr

Decided: 8 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The petition is dismissed for default due to the petitioner's non‑appearance.

Summary

The petitioners, including Nishit Mishra and others, filed a criminal miscellaneous petition against the State of Bihar. No counsel appeared for the petitioners despite repeated notices. The respondent was represented by Mr. Dilip Kumar. The court observed that the petitioners had lost interest in prosecuting the case as they failed to attend the hearing. Consequently, the court dismissed the petition for default. The order was pronounced by Justice Jitendra Kumar.

Issues considered

Can a petition be entertained when the petitioner fails to appear before the court?

Subjects

default judgment
non‑appearance
criminal miscellaneous petition
petition dismissed

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No. 29133 of 2016
                   Arising Out of PS. Case No.-412 Year-2015 Thana- BHABHU(KAIMUR) COMPLAIN C
                                                 District- Kaimur (Bhabua)
                  ======================================================
            1.     Nishit @ Nishit Mishra and Ors Son of Late S.K. Mishra
            2.    Amit Mishra @ Amit Kumar Mishra Son of Late S.K. Mishra
            3.    Soumya Mishra, wife of Amit Mishra
            4.    Lovleen Mihshra, wife of Late S.K. Mishra null
            5.    Bhawna @ Bhawna Mishra Daughter of Late S.K. Mishra All residents of
                  Gajadharganj, Matrichhaya Collectorate P.S. Moddtown, Buxar.

                                                                             ... ... Petitioner/s
                                                      Versus
            1.    State Of Bihar and Anr null null
            2.    Neha Kumari @ Neha Mishra wife of Nishit Mishra, daughter of Onkar Das,
                  resident of MohallaP.S.District- Bhabhua.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      None.
                  For the Opposite Party/s :      Mr. Dilip Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                        ORAL ORDER

8    12-10-2023                      Nobody appears on behalf of the Petitioner despite

                    repeated calls.

                                    2. Even on the last date, the Petitioner had not

                    attended the matter. It shows that the Petitioner has lost interest

                    to prosecute the present case.


                                    3. Hence, the present petition is dismissed for

                    default.




                                               (Jitendra Kumar, J)
chandan/-

U

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Dilip Kumar