Patna High Court

Roshan KumarversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SANDEEP KUMAR

Holding

The application is dismissed on the ground of non-prosecution.

Summary

Roshan Kumar, an executive officer of Paliganj Nagar Panchayat, filed an application before the Patna High Court in a criminal miscellaneous matter arising from a police case. No counsel appeared on behalf of the petitioner, while counsel for the State of Bihar was present. The court considered whether the application could proceed in the absence of the petitioner’s representation. Relying on the principle of non-prosecution, the judge held that the application could not be entertained. Consequently, the application was dismissed.

Issues considered

Whether the application filed by the petitioner should be entertained in the absence of any representation by the petitioner

Subjects

non-prosecution
application dismissal
criminal miscellaneous
court procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.33262 of 2024
                    Arising Out of PS. Case No.-395 Year-2023 Thana- SUGAULI District- East Champaran
                  ======================================================
                  Roshan Kumar son of Ravindra Kumar Singh At Present Executive Officer,
                  Paliganj Nagar Panchayat, Resident of 49 Patel Nagar, Gondapur, Nawada,
                  P.O.- Nawada, P.S.- Sadar Thana, Dist.- Nawada (Bihar), Pin 805110

                                                                                    ... ... Petitioner/s
                                                        Versus
            1.    The State of Bihar BIHAR
            2.    Srimati Nasrin Ali @ Nasrin Ali Wife of Ali Hasan (Chief Councilor, Nagar
                  Panchayat, Sugauli), Resident of Village- Siswaniya Tola, Sugauli, Ward No.
                  -6, P.S.- Sugauli, Dist.- East Champaran (Bihar)
            3.    Ali Hasan Son of Late badri Miya Resident of village- Siswania Tola,
                  Sugauli Ward No. 6, P.S.- Sugauli, dist.- East Champaran (Bihar)
            4.    Aabid Miya @ Md. Aabid Ansari son of Late Manjur Miya Resident of
                  Bangara Ward No. 20, P.S.- Sugauli, Dist.- East Champaran (Bihar)
            5.    Rajesh Mahato Son of Yogendra Mahato Resident of Village- Bahurupiya,
                  Ward No. 5, P.S.- Sugauli, Dist.- East Champaran (Bihar)

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr.Shahabuddin Azeem @ S. Azeem
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    13-03-2026                    None appears for the petitioner. Learned counsel for

                    the State is present.

                                 2. Accordingly, this application is dismissed on the

                    ground of non-prosecution.


                                                                 (Sandeep Kumar, J)
Vikas/-
U

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Shahabuddin Azeem