Patna High Court

Rahul Kumar @ Master MunnaversusThe State of Bihar

Decided: 10 February 2026
Disposal: DISMISSED
Bench: SOURENDRA PANDEY

Holding

The application is dismissed for non‑prosecution due to the petitioners' failure to appear.

Summary

The petitioners, Rahul Kumar and Nisha Devi, filed an application before the Patna High Court in a criminal miscellaneous proceeding (Cr. Misc. No.5776 of 2024) arising from a police case. The State of Bihar and Shakshi Kumari were opposite parties. The petitioners failed to appear at the scheduled hearing on 27-01-2026 and again on 10-02-2026, despite the presence of the learned Additional Public Prosecutor for the State. The court observed that the petitioners appeared to have lost interest in pursuing the matter. Consequently, the court dismissed the application on the ground of non‑prosecution, noting that the petitioners had not pursued the relief sought.

Issues considered

What is the appropriate consequence when petitioners fail to appear and do not prosecute their application?

Subjects

criminal procedure
non‑prosecution
dismissal
default
petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5776 of 2024
                   Arising Out of PS. Case No.-298 Year-2023 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
           1.    Rahul Kumar @ Master Munna Son of Arun Kumar Singh @ Arun
                 Kumar R/O Village Lohiya nagar Ward No. 28, P.S. Town Begusarai
                 (O.P. Lohiya Nagar), District Begusarai
           2.    Nisha Devi Wife of Arun Kumar Singh @ Arun Kumar R/O Village
                 Lohiya nagar Ward No. 28, P.S. Town Begusarai (O.P. Lohiya Nagar),
                 District Begusarai

                                                                              ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar Bihar
           2.    Shakshi Kumari Daughter of Balram Singh R/O Vill Pachamba, P.S.
                 Muffasil Begusarai, District Begusarai

                                                                         ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Jai Prakash Singh, Adv.
                 For the Opposite Party/s :     Mr.Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   10-02-2026                    The learned A.P.P. for the State is present.

                                  2. This case was listed earlier on 27.01.2026 and

                   nobody appeared on behalf of the petitioners.

                                3. Today, again, nobody appears on behalf of the

                   petitioners.

                                4. It seems that the petitioners have lost their interest

                   in this case.
           Patna High Court CR. MISC. No.5776 of 2024(3) dt.10-02-2026
                                                       2/2




                                  5. Accordingly, the application is dismissed for non-

                     prosecution.



                                              (Sourendra Pandey, J)
Gautam/-

U     T

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