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Patna High Court

Pinki Devi @ Piku DeviversusThe State of Bihar

Decided
Disposal
D.F.D. FOR NON APPEARANCE

Holding

The court dismissed the petition for non‑prosecution due to the petitioners' failure to appear.

Summary

The petitioners, a group of six individuals, filed Criminal Miscellaneous No.4201 of 2026 arising from a 2020 police case in Patna. No counsel appeared on their behalf, while the State of Bihar was represented by Advocate Jharkhandi Upadhyay. The matter was listed before Justice Satyavrat Verma. Since the petitioners failed to appear or prosecute the petition, the court dismissed the case for non‑prosecution. No substantive merits were examined. The order effectively terminates the petition.

Issues considered

  • Whether a petition can proceed when the petitioners fail to appear before the court

Subjects

  • criminal procedure
  • non‑prosecution
  • dismissal
  • default

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4201 of 2026
                         Arising Out of PS. Case No.-359 Year-2020 Thana- BYPASS District- Patna
                 ======================================================
           1.     Pinki Devi @ Piku Devi Wife of Vishashwar Kumar @ Vishashwar Sah @
                  Visheshwar Sah R/O- Karamlichak Purbi Bagicha, P.S.- Bypass, Dist- Patna
           2.    Chandan Kumar Son of Gopal Sao R/O- Karamlichak Purbi Bagicha, P.S.-
                 Bypass, Dist- Patna
           3.    Chandan Kumar Son of Sanjay Mahto R/O- Karamlichak Purbi Bagicha,
                 P.S.- Bypass, Dist- Patna
           4.    Tuntun Sao Son of Shiv Sao R/O- Karamlichak Purbi Bagicha, P.S.- Bypass,
                 Dist- Patna
           5.    Vishashwar Kumar @ Vishashwar Sah @ Visheshwar Sah Son of Shiv Sao
                 @ Shiv sah R/O- Karamlichak Purbi Bagicha, P.S.- Bypass, Dist- Patna
           6.     Sunni Kumar @ Sunny Kumar Son of Ram Babu Mehta @ Ram Babu
                  Mahto R/O- Karamlichak Purbi Bagicha, P.S.- Bypass, Dist- Patna
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        None.
                 For the Opposite Party/s :        Mr. Jharkhandi Upadhyay, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  No one appears on behalf of the petitioners. Learned

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

                                2. Hence, the case is dismissed for non-prosecution.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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