Patna High Court

Surendra PrasadversusThe State Of Bihar

Decided: 13 January 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The petition is dismissed for default due to the petitioner’s failure to appear.

Summary

The petitioner Surendra Prasad filed a criminal miscellaneous petition (No.44832 of 2016) before the Patna High Court seeking relief against the State of Bihar. The petitioner failed to appear at the hearing on 5 January 2024 despite repeated notices and a prior caution to attend. The learned Assistant Public Prosecutor for the State was present. The Court observed that the petitioner’s continued non‑appearance indicated a loss of interest in pursuing the case. Consequently, the Court dismissed the petition for default. The order was pronounced by Justice Jitendra Kumar.

Issues considered

Whether the petition can be entertained despite the petitioner’s repeated non‑appearance?

Subjects

default judgment
non‑appearance
petition dismissal
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.44832 of 2016
                        Arising Out of PS. Case No.-15 Year-2011 Thana- HARNAUT District- Nalanda
                  ======================================================
                  Surendra Prasad son of Shri lalkeshwar Ram resident of New Etwarpur, p.S.-
                  Parsa Bazar, District patna.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Rajkishore Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                        ORAL ORDER

3    05-01-2024                  Nobody is present on behalf of the Petitioner despite

                    repeated calls.

                                 2. However, Ld. APP for the State is present.

                                 3. Perused the case record. It transpires that even on

                    the last date, nobody was present on behalf of the Petitioner to

                    attend the matter and the Petitioner was cautioned to attend the

                    matter on the next date of hearing. Despite such cautioning, the

                    Petitioner is not present to attend the matter, which shows that

                    the Petitioner has lost interest to pursue the present case.

                                 3. Hence, the present petition is dismissed for default.



                                               (Jitendra Kumar, J)
ramesh/-
U

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