Patna High Court

RAJ NARAYAN SINGHversusTHE STATE OF BIHAR

Decided: 16 March 2026
Disposal: ALLOWED
Bench: ANSUL

Holding

The application is dismissed for non‑prosecution due to the petitioner's failure to appear.

Summary

The petitioner, Raj Narayan Singh, filed an application in the Patna High Court arising from a 2015 criminal case. The court, on 14 November 2024, ordered that the petitioner appear and was given one opportunity to address the matter, setting a hearing for 21 November 2024. The petitioner failed to appear on both the initial and the subsequent dates. The court noted that no representative of the petitioner was present on the day of the hearing. Consequently, the court dismissed the application on the ground of non‑prosecution, as per its earlier order.

Issues considered

What is the appropriate consequence when a petitioner fails to appear before the court despite being granted an opportunity to be heard?

Subjects

criminal procedure
non‑prosecution
default judgment
court appearance
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35386 of 2021
                     Arising Out of PS. Case No.-250 Year-2015 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 RAJ NARAYAN SINGH S/o Late Radha Mohan Singh R/o village-
                 Pokhraira, P.S.- Saraiya, District- Muzaffarpur
                                                                        ... ... Petitioner/s
                                                      Versus
                 THE STATE OF BIHAR
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arvind Kumar
                 For the Opposite Party/s :        Mr.A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

5   28-11-2024                     On 14.11.2024 this court had passed the following

                   order :-

                                         “ None appears for the petitioner.
                                         2. One opportunity is granted to the petitioner
                                     to address the matter before this Court.
                                         3. Put up this matter on 21.11.2024.
                                         4. If the petitioner fails to appear on the next
                                     date of hearing, the matter will be dismissed for
                                     non-prosecution.”

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

                   petitioners.

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

                   dismissed for non-prosecution.



                                              (Alok Kumar Pandey, J)
mcverma/-

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