Patna High Court

Ajay Kumar YadavversusThe State of Bihar

Decided: 5 May 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: SATYAVRAT VERMA

Holding

The case is dismissed for non-prosecution due to the petitioner's failure to appear.

Summary

The petitioner, Ajay Kumar Yadav, failed to appear in court despite repeated notices. No counsel was appointed for the petitioner, while the State was represented by Advocate Anil Kumar Singh. The presiding judge noted the absence of the petitioner and the presence of the State's counsel. Consequently, the court dismissed the case on the ground of non-prosecution. The order reflects the procedural rule that a case may be dismissed when the petitioner does not prosecute or appear.

Issues considered

What is the appropriate consequence when a petitioner fails to appear and prosecute the case?

Subjects

non-prosecution
dismissal
criminal procedure
petitioner's default
court appearance

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.29792 of 2026
                          Arising Out of PS. Case No.-439 Year-2025 Thana- BAISI District- Purnia
                  ======================================================
                  Ajay Kumar Yadav S/O Dilip Yadav R/O Vill.- Manjhok, Yadav Tola, Ward
                  no. 1, P.S.- Byasi, Dist.- Purnia, Pin- 854315

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None
                  For the Opposite Party/s :        Mr. Anil Kumar Singh No. 1, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    05-05-2026                     1. Despite repeated calls, no one appears on behalf

                    of the petitioner.

                                    2. The learned APP for the State is present.

                                    3.The case is dismissed for non-prosecution.



                                                   (Satyavrat Verma, J)
Rishabh/-

U      T

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