Patna High Court

Uday Kumar MahtoversusThe State Of Bihar

Decided: 27 April 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for default due to non‑prosecution.

Summary

Uday Kumar Mahto filed a criminal miscellaneous application (No. 56180 of 2018) before the Patna High Court. The petitioner failed to appear before the court on two consecutive dates, 07-04-2026 and 27-04-2026, and no counsel was appointed on his behalf. The State, represented by A.P.P. Nityanand, was the only party present. The court observed that the petitioner showed no interest in pursuing the matter, which originated in 2018. Consequently, the court dismissed the application for default due to non‑prosecution.

Issues considered

Whether the criminal miscellaneous application should be dismissed for default when the petitioner fails to appear and shows no intention to prosecute?

Subjects

Criminal Procedure Code
default judgment
non‑prosecution
adjournment
high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.56180 of 2018
                     Arising Out of PS. Case No.-155 Year-2017 Thana- BEGUSARAI MUFFASIL District-
                                                          Begusarai
                   ======================================================
                   Uday Kumar Mahto Son of Satya Narayan Mahto, Resident of Mohalla-
                   Quilaghat, Mahdauli, P.O.- Shubhankarpur, P.S.- Laheriasarai, District-
                   Darbhanga at present Assistant in Patna Secretariat, Patna.

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

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Nityanand, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

4     27-04-2026                  No one is present on behalf of the petitioner, however,

                     learned A.P.P. for the State is present.

                                  2. On the previous date also i.e. on 07.04.2026, no one

                     was present on behalf of the petitioner and the case was

                     adjourned.

                                  3. Since the petitioner has no interest to pursue this

                     matter which is of the year 2018, accordingly, the present Cr.

                     Misc. Application stands dismissed for default due to non-

                     prosecution.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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