Patna High Court

Sumit KumarversusThe State of Bihar

Decided: 30 June 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH SANDEEP KUMAR

Holding

The application is dismissed for non‑prosecution and the interim protection is recalled.

Summary

The petitioner, Sumit Kumar, failed to appear before the Patna High Court in a criminal miscellaneous application. Counsel for the second opposite party argued that the petitioner was deliberately absent because compromise negotiations were underway, as indicated by a prior order quashing a related application. The court examined whether the application could proceed in the absence of the petitioner and whether the interim protection previously granted should remain in effect. Finding that the petitioner had not prosecuted the application, the court dismissed it. Consequently, the interim protection order was recalled.

Issues considered

Can a criminal miscellaneous application proceed when the petitioner does not appear?
Should interim protection granted to the petitioner be maintained despite non‑appearance and ongoing compromise talks?

Subjects

Criminal Procedure Code
Non‑prosecution
Interim protection
Compromise negotiations
Application dismissal

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.341 of 2025
                     Arising Out of PS. Case No.-329 Year-2023 Thana- BUDDHACOLONY District- Patna
                   ======================================================
                   Sumit Kumar S/O Arjun Sharma R/O New Jaganpura, P.S- Ram Krishna
                   Nagar, Distt.- Patna.

                                                                                  ... ... Petitioner/s
                                                        Versus
              1.   The State of Bihar
              2.    Switi Kumari W/O Sumit Kumar, D/O Ravindra Mistri R/O mohalla- Shri
                    Krishna Nagar, Road No. 23, P.S- Buddha Colony, Distt.- Patna.
                                                                       ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :        None
                   For the State          :        Mr.Rabindra Kumar, APP
                   For the O.P. No. 2     :        Mr.Ajit Ojha, Advocate
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                         ORAL ORDER

7    23-02-2026                    Heard the parties.

                                   2. Mr. Ajit Ojha, learned counsel for the O.P. No. 2

                     submits that the petitioner is knowingly not appearing in this

                     case as pursuant to the order passed by a learned Coordinate

                     Bench of this Court in quashing application (Cr. Misc. No.

                     42750/2025) talks for compromise are going on.

                                   3. In these circumstances, this application is dismissed

                     for non-prosecution.

                                   4. The interim protection granted to the petitioner is

                     recalled.


                                              (Sandeep Kumar, J)
tusharika/-
U       T

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