Patna High Court

Kundan KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: SATYAVRAT VERMA

Holding

The petition is dismissed for non‑prosecution as the petitioner failed to appear and did not cure the procedural defects.

Summary

Kundan Kumar filed a petition before the Patna High Court seeking relief against the State of Bihar. No counsel appeared on behalf of the petitioner despite repeated notices, and the petitioner failed to rectify procedural defects within the three‑week period granted by the court. The petitioner’s advocate did not appear, indicating a loss of interest in pursuing the case. The court observed that the defects remained unremedied and the petitioner did not prosecute the petition. Consequently, the court dismissed the petition for non‑prosecution.

Issues considered

Whether the petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear and to remedy procedural defects?

Subjects

criminal procedure
non‑prosecution
petition dismissed
procedural defects
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.58468 of 2024
                      Arising Out of PS. Case No.-316 Year-2021 Thana- KADAMKUAN District- Patna
                  ======================================================
                  Kundan Kumar Son Of Akhilesh Kumar Village- East Lohanipur, Ps- Kadam
                  Kuan, Dist- Patna

                                                                                 ... ... Petitioner/S
                                                       Versus
                  The State Of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      None
                  For the Opposite Party/s :      Mr.Sanjay Kumar Pandey
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

3    28-01-2026                  1. No one appears on behalf of the petitioner on

                    repeated calls.

                                 2. Learned A.P.P. for the State is present.

                                 3. The case was taken up on 04.09.2024 when three

                    weeks’ time was granted to the petitioner to remove the defects

                    as pointed out by the office, but then, it appears that the defects

                    till date have not been removed, as such, it appears that the

                    petitioner has lost interest in the case.

                                 4. Accordingly, instant petition is dismissed for non-

                    prosecution.


                                               (Satyavrat Verma, J)
vikash/-

U          T

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