Patna High Court

Deepak Kumar SinghversusState Of Bihar and Anr

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

The petitioner, Deepak Kumar Singh, filed a criminal miscellaneous application arising from a 2014 police case (PS Case No. 287) in the High Court of Patna. No counsel appeared on behalf of the petitioner on the scheduled dates of 07-04-2026 and 27-04-2026, and the petitioner did not express any interest in pursuing the matter. The learned Additional Public Prosecutor for the State was the only party present. The Court observed that the petitioner’s lack of participation indicated a relinquishment of the right to proceed. Consequently, the Court dismissed the criminal miscellaneous application for default due to non‑prosecution.

Issues considered

What is the appropriate consequence when a petitioner fails to appear or prosecute a criminal miscellaneous application?

Subjects

criminal procedure
default judgment
non‑prosecution
adjournment
high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.56184 of 2018
                       Arising Out of PS. Case No.-287 Year-2014 Thana- PANCHRUKHI District- Siwan
                   ======================================================
                   Deepak Kumar Singh son of Surendra Singh, Resident of House No. 126,
                   Opposite of Weigh Bridge, B.C.C.L. Quarter, Post- Bhagat Dih, P.S.- Jharia,
                   District- Jehanabad.
                                                                            ... ... Petitioner/s
                                                   Versus
              1.    The State of Bihar.
              2.    Sumesh Kumar, Son of Keshav Prasad Singh, Resident of Village- Hardiya,
                    P.S.- Panchrukhi, District- Siwan.
                                                                     ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Shyameshwar Dayal, 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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