Patna High Court

SAHID KHAN @ SAZID @ SHAHID KHANversusThe State of Bihar

Decided: 16 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ANSHUMAN

Holding

The bail application was dismissed due to the petitioner’s non‑appearance and failure to prosecute the application.

Summary

Sahid Khan filed a bail application in a criminal miscellaneous case arising from PS case No.228/2023. The court had earlier ordered compliance on 08‑08‑2025, which the petitioner failed to meet, and subsequently granted time to file a supplementary affidavit on 12‑12‑2025. The petitioner did not appear for the hearing on 16‑01‑2026 and indicated no intention to pursue the bail relief. The learned APP for the State was present. Considering the petitioner’s non‑appearance and lack of prosecution, the court dismissed the bail application. The order was pronounced by Justice Dr. Anshuman.

Issues considered

Can a bail application be entertained when the petitioner fails to appear and comply with procedural orders?
Does non‑appearance amount to abandonment of the bail application?

Subjects

bail
criminal procedure
non-appearance
non-prosecution
supplementary affidavit

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.36025 of 2025
                   Arising Out of PS. Case No.-228 Year-2023 Thana- CHIRAIYA District- East Champaran
                  ======================================================
                  Sahid Khan @ Sazid @ Shahid Khan Son of Late Seraj Khan @ Seraz Khan
                  Resident of Village - Madhopur, P.S.- Chiraiya, District - East Champaran
                                                                                 ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None.
                  For the Opposite Party/s :       Mr.Jagdhar Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                        ORAL ORDER

7    16-01-2026                    Upon repeated calls, no one appears on behalf of the

                    petitioner. However, learned APP for State is present.

                                 2. It transpires to this Court that order dated

                    08.08.2025 has not been complied with and counsel for the

                    petitioner sought further time to file supplementary affidavit

                    vide order dated 12.12.2025. Today, no one appears on behalf of

                    the petitioner.

                                 3. In this background, it transpires to this Court that

                    the petitioner is not interested to pursue this bail application and

                    therefore, this Court has no option left, but to pass the order in

                    this bail application.

                                 4. In this view of the matter, the present bail

                    application stands dismissed due to non-prosecution.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U      T

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