Patna High Court

Ajmal HussainversusThe State of Bihar

Decided: 31 January 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: NAWNEET KUMAR PANDEY

Holding

The application is dismissed in default for failure to furnish the requisites for issuance of notice to the opposite party.

Summary

Ajmal Hussain filed a criminal miscellaneous application before the Patna High Court against the State of Bihar and Mansura Khatoon. No counsel appeared on behalf of the petitioner, and the petitioner failed to provide the necessary requisites for issuing a notice to the second opposite party, Mansura Khatoon. The Court noted the absence of any appearance or compliance with procedural requirements. Consequently, Justice Nawneet Kumar Pandey dismissed the application in default. The dismissal was based solely on procedural non‑compliance, without any substantive examination of the merits.

Issues considered

Whether the petitioner has complied with the requisites for issuance of notice to the second opposite party
Whether the application can proceed in the absence of such compliance

Subjects

default dismissal
notice requisites
criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47547 of 2025
                    Arising Out of PS. Case No.-45 Year-2024 Thana- PUWAKHALI District- Kishanganj
                 ======================================================
                 Ajmal Hussain son of Mansoor Ali @ Mansoor Alam Village -Belbari Ps
                 -Powakhadi Distt -Kishanganj

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar bihar
           2.    Mansura Khatoon Wife of Ajmal Hussain Village -Belbari, Ps -Powakhadi
                 Distt -Kishanganj At Present Daughter of Abu Talib, Village -Belbari Ps
                 -Powakhadi Distt -Kishanganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None
                 For the Opposite Party/s :       Mr.Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   31-01-2026                    None appeared on behalf of the petitioner neither he

                   has furnished the requisites for issuance of notice to opposite

                   party no. 2.

                                2.     Accordingly,        this    criminal       miscellaneous

                   application is dismissed in default.


                                        (Nawneet Kumar Pandey, J)

Nirmal/-
U      T

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