Patna High Court

RAMJI PRASADversusTHE STATE OF BIHAR

Decided: 2 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

The application is dismissed for non‑prosecution.

Summary

Ramji Prasad filed a criminal miscellaneous application before the Patna High Court. The petitioner failed to appear for the hearing despite repeated notices on 08-12-2025 and 29-01-2026. The State, represented by Advocate Anil Kumar Singh, was present. The court observed that the petitioner had apparently lost interest in pursuing the case. Consequently, the court dismissed the application on the ground of non‑prosecution.

Issues considered

What is the appropriate consequence when a petitioner repeatedly fails to appear and shows no interest in pursuing the case?

Subjects

non-prosecution
dismissal
criminal miscellaneous
petitioner's default
court procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.53422 of 2022
                        Arising Out of PS. Case No.-46 Year-2022 Thana- HATHIDAH District- Patna
                  ======================================================
                  RAMJI PRASAD SON OF LATE BASUDEV PRASAD R/O VILLAGE-
                  AUNTA RAMTOLA, P.S.- HATHIDAH, DISTRICT- PATNA.
                                                               ... ... Petitioner/s
                                            Versus
            1.     THE STATE OF BIHAR
            2.    CHANDRABHUSHAN SINGH SONO F LATE RAMESH PRASAD
                  SINGH R/O VILLAGE- AUNTA RAGHURAM, P.S.- HATHIDAH,
                  DISTRICT- PATNA
            3.    PASHUPATI SINGH SON OF LATE NARAYAN SINGH R/O VILLAGE-
                  AUNTA RAGHURAM TOLA, P.S.- HATHIDAH, DISTRICT- PATNA
            4.     KRISHNA MURARI SHARMA @ KRISHNA MURARI SINGH SON OF
                   LATE AKHILESH PRASAD SHARMA @ LATE AKHILESH SINGH R/O
                   VILLAGE- AUNTA RAGHURAM TOLA, P.S.- HATHIDAH, DISTRICT-
                   PATNA
                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None.
                  For the Opposite Party/s :       Mr. Anil Kumar Singh No.1, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    02-02-2026                    In spite of repeated calls, none appeared on behalf of

                    the petitioner. On 08.12.2025 and 29.01.2026 also none had

                    appeared on behalf of the petitioner.

                                 2. Learned APP for the State is present before the

                    Court.

                                 3. It appears that the petitioner has lost his interest in

                    the case.

                                 4. Accordingly, this application is dismissed for non-

                    prosecution.

                                               (Soni Shrivastava, J)

Trivedi/-
U       T

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