Patna High Court

JHAKURI YADAV @ JHAKHURI YADAV @ RAMDAYAL YADAVversusTHE STATE OF BIHAR

Decided: 16 March 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: PURNENDU SINGH

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Jhakuri Yadav, filed an application seeking modification of an order dated 04-08-2023 passed in Criminal Miscellaneous No.38053 of 2023. The application was listed for hearing on 27-02-2026, but no counsel or party appeared on behalf of the petitioner. Despite repeated calls, the petitioner remained absent on the subsequent date of 16-03-2026. The State of Bihar was represented by learned Additional Public Prosecutor Satyendra Narayan Singh. The Court, noting the petitioner’s failure to prosecute the application, dismissed the petition for non‑prosecution.

Issues considered

What is the appropriate course of action when a petitioner fails to appear for a hearing seeking modification of a prior order?

Subjects

criminal procedure
modification of order
non‑prosecution
dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.496 of 2024
                                                In
                               CRIMINAL MISCELLANEOUS No.38053 of 2023
                          Arising Out of PS. Case No.-643 Year-2022 Thana- KONCH District- Gaya
                  ======================================================
                  JHAKURI YADAV @ JHAKHURI YADAV @ RAMDAYAL YADAV SON
                  OF RAJESHWAR YADAV RESIDENT OF VILLAGE BRIJHARA, POST
                  BHIMPUR, POLICE STATION KONCH, DISTRICT GAYA
                                                                 ... ... Petitioner/s
                                            Versus
                  THE STATE OF BIHAR BIHAR,
                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr.Satyendra Narayan Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

3    16-03-2026                  The petitioner seeks modification of the order dated

                    04.08.2023 passed in Cr. Misc. No.38053 of 2023. The

                    modification application was heard on 27.02.2026 and no one

                    had appeared on behalf of the petitioner. Today also, in spite of

                    the repeated calls, no one has tendered appearance on behalf of

                    the petitioner. Mr. Satyendra Narayan Singh, learned APP is

                    present on behalf of the State.

                                 2. Accordingly, the present petition stands dismissed

                    for non-prosecution.



                                               (Purnendu Singh, J)
Sanjay/-

U

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