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Patna High Court

Amar Kumar Singh @ Amar SinghversusState Of Bihar and Anr

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The application is dismissed for default as the petitioner failed to appear or prosecute the case.

Summary

Amar Kumar Singh filed a criminal miscellaneous application before the Patna High Court. No counsel appeared on his behalf on two consecutive dates (07-04-2026 and 27-04-2026). The State of Bihar was represented by an A.P.P. 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. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

  • Whether the criminal miscellaneous application should be dismissed for default due to the petitioner’s failure to appear and prosecute the matter

Subjects

  • Criminal Procedure Code
  • default judgment
  • non‑prosecution
  • adjournment
  • high court procedure

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.56725 of 2018
                      Arising Out of PS. Case No.-94 Year-2017 Thana- BISHANPUR District- Darbhanga
                   ======================================================
                   Amar Kumar Singh @ Amar Singh S/o Late Surat Singh, R/o Vill.- Rampur
                   Dih, P.S.- Bishanpur, District- Darbhanga.
                                                                        ... ... Petitioner/s
                                                       Versus
              1.    The State of Bihar.
              2.    Arun Kumar Lal S/o Late Parmanand Lal Das, R/o vill.- Belahi, P.S.-
                    Pandaul, District- Madhubani Block Supply Officer, Hanuman Nagar,
                    Darbhanga.
                                                                   ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Binod Kumar No.2, 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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