Patna High Court

Most. Mina Devi and Ors.versusState Of Bihar and Anr

Decided: 7 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SANDEEP KUMAR

Holding

The application is dismissed on the ground of non-prosecution.

Summary

The petitioners, a group of relatives of the late Chandra Bhushan Singh, filed an application before the Patna High Court seeking relief against the State of Bihar and another respondent. No counsel appeared for the petitioners, and only the State's counsel, Mr. Rajendra Prasad, was present. The Court examined whether the application could be entertained in the absence of any prosecution. Relying on the principle that an application cannot proceed without a pending prosecution, the Court dismissed the petition. The dismissal was recorded as an order of non-prosecution.

Issues considered

Whether an application can be entertained when there is no pending prosecution (non-prosecution).

Subjects

criminal procedure
non-prosecution
application dismissal
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.56624 of 2015
                   Arising Out of PS. Case No.-543 Year-2011 Thana- SARAN COMPLAINT CASE District-
                                                           Saran
                  ======================================================
            1.     Most. Mina Devi wife of Late Chandra Bhushan Singh
            2.    Pawan Kumar Singh son of Late Chandra Bhushan Singh
            3.    Chandan Kumar Singh son of Late Chandra Bhushan Singh
            4.    Arti Kumari, Daughter of Late Chandra Bhushan Singh All resident of
                  Mauza- Tehti Rasulpur, P.S.- Amnaour, District- Saran at Chapra
            5.    Smt. Ruby Devi, Wife of Vijay Kr. Singh, Daughter of Late Chandra
                  Bhushan Singh, Resident of village- Brahimpur, Kaiya Tola, P.S.- Mashrak,
                  District- Saran at Chapra
                                                                          ... ... Petitioner/s
                                                   Versus
            1.    State Of Bihar
            2.     Smt. Kanchan Mala @ Putul Devi, Wife of Shree Suman Singh, Daughter of
                   Shree Krishna Mishra, Resident of village- Tehti Rasulpur, P.S.- Amnaour,
                   District- Saran, presently residing at Khairanpur, P.S. Mashrak, District-
                   Saran at Chapra
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     None
                  For the Opposite Party/s :     Mr.Rajendra Prasad Nat App
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

5    07-01-2026                     None appears for the petitioners as well as for the

                    opposite party no. 02. Learned counsel for the State is present.

                                 2. Accordingly, this application is dismissed on the

                    ground of non-prosecution.



                                                            (Sandeep Kumar, J)
Vikas/-

U

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