Patna High Court

Durgesh KumarversusThe State of Bihar

Decided: 20 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The petition is dismissed for non‑prosecution as no counsel appeared on behalf of the petitioner.

Summary

Durgesh Kumar filed a criminal miscellaneous petition before the Patna High Court. No counsel appeared on his behalf on 8 October 2025 or on 15 October 2025. The State of Bihar was represented by Advocate Anant Kumar, and the informant by Advocate Dhananjay Kumar. The Court observed that the petitioner had not been prosecuted in the sense of not being represented. Consequently, the petition was dismissed for non‑prosecution. The order was pronounced by Justice Arun Kumar Jha.

Issues considered

Whether a petition can be entertained when the petitioner is not represented by counsel?

Subjects

petition dismissal
non‑prosecution
procedural default
criminal miscellaneous
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.48231 of 2025
                      Arising Out of PS. Case No.-142 Year-2025 Thana- RANIYATALAB District- Patna
                  ======================================================
                  Durgesh Kumar S/O Dharmdeo Ram R/O Village- Kanapa, PS- Ranitalab,
                  Dist.- Patna.

                                                                                   ... ... Petitioner/s
                                                        Versus
            1.    The State of Bihar
            2.    Shakuntla Devi W/o Bablu Ram R/o- Kanaba, P.S.- Ranitalab, District-
                  Patna.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :        None
                  For the State           :        Mr. Anant Kumar, APP
                  For the Informant       :        Mr. Dhananjay Kumar, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                        ORAL ORDER

4    15-10-2025                   None appears on behalf of the petitioner. On

                    08.10.2025 also, there was no representation on behalf of the

                    petitioner.

                                  2. Hence, the present petition is dismissed for non-

                    prosecution.



                                              (Arun Kumar Jha, J)
Ranjeet/-

U      T

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