Patna High Court

Yadu Singh @ Yadunandan Singh and OrsversusThe 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

The petitioners, Yadu Singh, Pintu Singh and Neelam Devi, filed a criminal miscellaneous application in 2018 but failed to appear before the court on multiple dates, including 07-04-2026 and 27-04-2026. No counsel represented the petitioners, and the State was represented by A.P.P. Anuj Kumar Srivastava. The court observed that the petitioners showed no interest in pursuing the matter, which was several years old. Consequently, the court exercised its power to dismiss the application for default due to non‑prosecution. The order was pronounced by Justice Sunil Dutta Mishra, and the petition was dismissed.

Issues considered

Whether the criminal miscellaneous application can be entertained when the petitioners fail to appear and show interest in pursuing the matter?

Subjects

Criminal Procedure Code
Default judgment
Non‑prosecution
Petition dismissal
Absence of parties

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.56887 of 2018
                      Arising Out of PS. Case No.-139 Year-2013 Thana- UJIYARPUR District- Samastipur
                   ======================================================
              1.    Yadu Singh @ Yadunandan Singh, Son of Late Choudhary Singh,
              2.   Pintu Singh @ Pintu Kumar, Son of Yadu Singh @ Yadunandan Singh.
              3.    Neelam Devi, Wife of Yadu Singh @ Yadunandan Singh.
                    All are resident of Village- Dihgawnpur, Police Station- Ujiyarpur, District-
                    Samastipur.
                                                                                 ... ... Petitioner/s
                                                       Versus
                   The State of Bihar.
                                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Anuj Kumar Srivastava, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

4     27-04-2026                  No one is present on behalf of the petitioners, 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 petitioners and the case was

                     adjourned.

                                  3. Since the petitioners have 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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