Patna High Court

Raj Kumar Prasad and OrsversusThe State Of Bihar

Decided: 12 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioners filed a criminal miscellaneous petition seeking to quash an order dated 20 February 2018 passed by the Additional District and Sessions Judge in Ara Nagar case No. 237 of 2012. No counsel appeared on behalf of the petitioners, and the State of Bihar was represented by Advocate on Record Mr. Anil Kumar. The court noted that the petitioners failed to appear on the scheduled hearing dates, including the previous hearing on 28 January 2026. Considering the lack of representation and non‑appearance, the court held that the petition could not be entertained. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

Whether a petition for quashing an order can be entertained when the petitioners fail to appear before the court?

Subjects

quash petition
non‑prosecution
criminal miscellaneous
high court
procedural default

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.31566 of 2018
                      Arising Out of PS. Case No.-237 Year-2012 Thana- ARA NAGAR District- Bhojpur
                  ======================================================
            1.     Raj Kumar Prasad S/o Late Bishwanath Prasad, resident of Mohalla - Moti
                   Tola, P.S. - Arrah Town, Distt - Bhojpur.
            2.    Prittu Kumar @ Bittu Raj S/o Rajkumar, resident of Mohalla - Moti Tola,
                  P.S. - Arrah Town, Distt - Bhojpur.
            3.    Pintu Kumar S/o Rajkumar, resident of Mohalla - Moti Tola, P.S. - Arrah
                  Town, Distt - Bhojpur.
            4.     Sunil Kumar S/o Kameshwar Kashyap R/o Mohalla Maulabagh, P.S. - Arrah
                   Nawada, District - Bhojpur, Arrah.
                                                                         ... ... Petitioner/s
                                                      Versus
                  The State Of Bihar                             ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Anil Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

3    12-02-2026                     The present petition has been filed for quashing the

                    order dated 20.02.2018 passed in S. Tr. No. 136 of 2015, arising out

                    of Ara Nagar Case No. 237 of 2012, by the learned Addl. District &

                    Sessions Judge VI, Bhojpur, Ara.

                                 2. No one is present on behalf of the petitioners, however,

                    learned A.P.P. for the State is present. On the previous date (i.e.

                    28.01.2026) also no one was present on behalf of the petitioners.

                                 3. Considering the above facts and circumstances, the

                    present petition stands dismissed for non-prosecution.


                                               (Sunil Dutta Mishra, J)

rakhi/-
U       T

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