Patna High Court

Subodh Kumar SinghversusState Of Bihar and Anr

Decided: 17 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for default due to non‑prosecution.

Summary

The petitioner, Subodh Kumar Singh, failed to appear before the Patna High Court on two consecutive dates for a criminal miscellaneous application filed in 2018. No counsel represented the petitioner, and the State of Bihar was represented by an A.P.P. No representation was made for the second opposite party either. The court noted that the petitioner showed no interest in pursuing the matter. Consequently, the court exercised its inherent powers to dismiss the application for default due to non-prosecution. The order was pronounced by Justice Sunil Dutta Mishra, and the case was closed without any substantive hearing on the merits.

Issues considered

What is the appropriate consequence when a petitioner fails to appear and shows no interest in pursuing a criminal miscellaneous application?

Subjects

Criminal Procedure Code
default judgment
non‑prosecution
adjournment
high court procedure

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.35872 of 2018
                    Arising Out of PS. Case No.-357 Year-2014 Thana- MITHANPURA District- Muzaffarpur
                   ======================================================
                   Subodh Kumar Singh S/o Shri Satyanarayan Singh at Rambagh New
                   Shastrinagar, P.O. Ramna, P.S. Mithanpura District Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                        Versus
              1.   The State of Bihar.
              2.   Amit Anand, S/o Late Suresh Prasad Singh, resident of Village- Patedini,
                   P.S.- Balesar, District- Vaishali.

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :       None
                   For the State           :       Smt. Meena Singh, A.P.P.
                   For the O.P. No.2       :       Mr. Krishna Kant Singh, Advocate.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

3     17-03-2026                   No one is present on behalf of the petitioner, however,

                     learned A.P.P. for the State is present.

                                   2. On the previous date also no one was present on

                     behalf of the petitioner and the case was adjourned.

                                   3. Since the petitioner has no interest to pursue this

                     matter which is of the year 2018, accordingly, the present Cr.

                     Misc. Application stands dismissed for default due to non-

                     prosecution.



                                               (Sunil Dutta Mishra, J)
Ritik/-

U         T

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