Patna High Court

SAROJ KUMARversusThe State of Bihar

Decided: 29 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

The application is dismissed for non‑prosecution.

Summary

Petitioner Saroj Kumar filed an application in the Patna High Court in criminal miscellaneous case No.41065 of 2022. The petitioner failed to appear before the court on the scheduled dates of 04-12-2025 and 27-01-2026 despite the matter being listed in the interest of justice. The court noted the petitioner’s continued non‑appearance and inferred that he had lost interest in pursuing the case. Consequently, the court dismissed the application on the ground of non‑prosecution. The order was pronounced by Hon’ble Justice Smt. Soni Shrivastava.

Issues considered

Whether the application should be dismissed for non‑prosecution due to the petitioner’s failure to appear before the court

Subjects

criminal procedure
non‑appearance
non‑prosecution
application dismissal
Patna High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.41065 of 2022
                         Arising Out of PS. Case No.-169 Year-2021 Thana- RAMPUR District- Gaya
                  ======================================================
                  Saroj Kumar S/o Shri Balmiki Pandey R/o Mohalla- A.P. Colony, P.S.-
                  Rampur, District- Gaya
                                                                    ... ... Petitioner/s
                                                Versus
             1.    The State of Bihar
             2.    Rakesh Kumar S/o Kamdeo Singh R/o village- Belma, P.S.- Khizarsarai,
                   District- Gaya
                                                                 ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Pramod Kumar
                  For the Opposite Party/s :       Mr.Upendra Kumar
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    29-01-2026                  Nobody had appeared on behalf of the petitioner on

                    04.12.2025 and also on 27.01.2026 and the matter was listed in

                    the interest of justice but even today on call, no one appears to

                    press the present application.

                                 2. In such view of the matter, the petitioner having

                    lost his interest in the case, the present application is dismissed

                    for non-prosecution.



                                               (Soni Shrivastava, J)
devendra/-

U      T

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