Patna High Court

Shyam KishoreversusState Of Bihar and Anr

Decided: 4 September 2025
Disposal: D.F.D. FOR NON APPEARANCE
Bench: PURNENDU SINGH SANDEEP KUMAR

Holding

The writ petition was dismissed for non‑prosecution.

Summary

Shyam Kishore filed a writ petition in the Patna High Court against the State of Bihar and Siya Ram Singh. The petition was presented without any counsel appearing on behalf of the petitioner despite repeated notices. The State's Additional Public Prosecutor and counsel for the second respondent were present. The Court observed that the petitioner failed to prosecute the petition. Consequently, Justice Purnendu Singh dismissed the writ petition on the ground of non‑prosecution.

Issues considered

What is the appropriate course of action when a petitioner fails to appear or prosecute a writ petition?

Subjects

writ petition
non‑prosecution
dismissal
procedural default
Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.35816 of 2016
                   Arising Out of PS. Case No.-1110 Year-2014 Thana- JEHANABAD COMPLAINT CASE
                                                     District- Jehanabad
                  ======================================================
                  Shyam Kishore son of Bakhori Chaudhary resident of village- Awadhpuri
                  Colony, Dighaghar, PS.- Digha, Dist- Patna, Branch Manager, Punjab
                  National Bank then posted at Belkhara Branch P.S.- Karpi, Dist- Arwal. at
                  present posted at Baliya Camp Maharajganj, Aurangabad, P.S.- Kutumba,
                  District- Aurangabad.

                                                                                 ... ... Petitioner/s
                                                        Versus
            1.    State Of Bihar
            2.    Siya Ram Singh son of Late Ramanand Singh resident of Village- Kyaltola,
                  P.S.- Karpi Sahar Telpa O.P.- Dist- Arwal.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s      :       None
                  For the O.P. No. 2        :       Mr. Ravindra Kumar Sinha, Advocate
                  For the State             :       Mr. Chandra Bhushan Prasad, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

9    04-09-2025                          In spite of repeated calls, no one appears on behalf

                    of the petitioner. However, learned APP for the State and

                    learned counsel for the O.P. No. 2 are present.

                                  2. Accordingly, the present writ petition stands

                    dismissed for non-prosecution.



                                                (Purnendu Singh, J)
Niraj/-

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