Patna High Court

Kumar Sipaj Dular @ Sipaj DularversusThe State Of Bihar

Decided: 12 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for want of prosecution due to the petitioner's failure to appear.

Summary

The petitioner, Kumar Sipaj Dular, filed an application before the Patna High Court in a criminal miscellaneous case. No counsel or representative appeared on behalf of the petitioner despite repeated notices. The learned Additional Public Prosecutor for the State of Bihar was present. The Court observed that the petitioner failed to prosecute the application on two consecutive dates, 28 January 2026 and 12 February 2026. Consequently, the Court dismissed the application for want of prosecution, emphasizing that a party must actively pursue its case. No merits of the underlying criminal matter were addressed.

Issues considered

What is the appropriate consequence when a petitioner fails to appear or prosecute an application before the Court?

Subjects

Criminal Procedure Code
Want of Prosecution
Application Dismissal
Non-appearance

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.40141 of 2018
                           Arising Out of PS. Case No.-9 Year-2018 Thana- KASBA District- Purnia
                  ======================================================
                  Kumar Sipaj Dular @ Sipaj Dular S/o Dular Chand Kapri, R/o Vill.- Madar
                  Ghat, P.S.- Kasba, District- Purnea.

                                                                                     ... ... Petitioner/s
                                                         Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None
                  For the Opposite Party/s :        Mr. Sunil Kumar Pandey, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

6    12-02-2026                      On repeated calls, no one appears on behalf of the

                    petitioner to press this matter.

                                 2. On the previous occasion i.e. on 28.01.2026, also

                    no one turned up on behalf of the petitioner.

                                 3. However, learned A.P.P. for the State is present.

                                 4. In such view of the matter, this application is

                    dismissed for want of prosecution.



                                               (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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