Patna High Court

Dayanand MahtoversusState Of Bihar and Anr

Decided: 8 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SANDEEP KUMAR

Holding

The application for interim stay is dismissed and the stay is vacated due to non‑prosecution.

Summary

The petitioner, Dayanand Mahto, filed an application before the Patna High Court seeking relief, presumably an interim stay, in a criminal miscellaneous matter arising from a 2012 case. No counsel appeared on behalf of the petitioner, while the State of Bihar was represented by Mr. Dr. Mrityunjaya Kr. Gautam. The court examined the application and noted the absence of prosecution or substantive grounds to maintain the relief. Consequently, the court dismissed the application on the basis of non‑prosecution. The interim stay, if any, was vacated and the order was directed to be communicated to the Principal District and Sessions Judge, Bhojpur for compliance.

Issues considered

Whether the interim stay sought by the petitioner should be maintained in view of the lack of prosecution

Subjects

criminal procedure
interim stay
non‑prosecution
application dismissal
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.37436 of 2016
                        Arising Out of PS. Case No.-165 Year-2012 Thana- SAHPUR District- Bhojpur
                  ======================================================
                  Dayanand Mahto

                                                                                    ... ... Petitioner/s
                                                        Versus
                  State Of Bihar and Anr

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None.
                  For the Opposite Party/s :       Mr.Dr.Mrityunjaya Kr.Gautam
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

11   08-01-2026                  None appears for the petitioner. Learned counsel for

                    the State is present.

                                 2. Accordingly, this application is dismissed on the

                    ground of non-prosecution and interim order of stay, if any, is

                    hereby vacated.

                                 3. Let a copy of this order be communicated to the

                    Principal District and Sessions Judge, Bhojpur through FAX for

                    its compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U

Continue reading with your account

Checking your session…