Patna High Court

LADDU RAYversusTHE STATE OF BIHAR

Decided: 9 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

An application may be dismissed for non‑prosecution where the petitioner fails to appear and pursue the matter.

Summary

Laddu Ray filed an application before the Patna High Court but failed to appear on multiple scheduled dates (19-11-2025, 08-12-2025, and 16-12-2025). The court noted the petitioner’s apparent loss of interest in pursuing the matter. In the interest of justice, the court considered the petitioner’s non‑appearance as a failure to prosecute the application. Consequently, the court dismissed the application for non‑prosecution. No arguments were presented by the petitioner, while the respondent was represented by Mr. Jharkhandi Upadhyay. The dismissal was ordered by Justice Smt. Soni Shrivastava.

Issues considered

Whether an application can be dismissed for non‑prosecution when the petitioner fails to appear before the court?

Subjects

criminal procedure
non‑prosecution
application dismissal
default
court procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.32186 of 2024
                       Arising Out of PS. Case No.-278 Year-2023 Thana- KHARIK District- Bhagalpur
                  ======================================================
                  Laddu Ray Son Of Mahindar Ray Resident Of Village - Tulsipur, P.S. -
                  Kharik, District - Bhagalpur (Bihar)
                                                                     ... ... Petitioner/s
                                                      Versus
            1.     The State Of Bihar
            2.    Guriya Devi Wife Of Santosh Mandal, Daughter Of Anil Ray Resident Of
                  Village - Tulsipur, P.S. - Kharik, District - Bhagalpur
            3.    Shola Devi Wife Of Anil Ray Resident Of Village - Tulsipur, P.S. - Kharik,
                  District - Bhagalpur
            4.    Rupesh Ray Son Of Anil Ray Resident Of Village - Tulsipur, P.S. - Kharik,
                  District - Bhagalpur
            5.     Anil Ray Son Of Late Borhan Ray Resident Of Village - Tulsipur, P.S. -
                   Kharik, District - Bhagalpur
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    09-01-2026                     From the records of the case, it appears that no one

                    appeared on behalf of the petitioner on 19.11.2025 and even on

                    08.12.2025. However, in the interest of justice, the matter was

                    directed to be listed on 16.12.2025.

                                    2. Today also, no one has appeared on behalf of the

                    petitioner to press the instant application. It appears that

                    petitioner has lost interest to pursue the matter.

                                    3. In view of the above, the present application is

                    dismissed for non-prosecution.


                                               (Soni Shrivastava, J)

Harsh/-
U       T

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Jharkhandi Upadhyay