Patna High Court

Md. Rasid Ali and AnrversusThe State Of Bihar

Decided: 12 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for want of prosecution as the petitioners failed to appear or be represented.

Summary

Petitioners Md. Rasid Ali and Md. Sahid filed a criminal miscellaneous application (No. 59798 of 2018) arising out of PS case No. 266 of 2015. No counsel appeared on behalf of the petitioners despite repeated notices, including on 28‑01‑2026 and again on 12‑02‑2026. The learned Assistant Public Prosecutor for the State was present. The Court observed that the petitioners had failed to prosecute their application. Consequently, the Court dismissed the application for want of prosecution.

Issues considered

Whether an application may be dismissed for want of prosecution when the petitioners fail to appear or be represented before the Court?

Subjects

criminal procedure
want of prosecution
non-appearance
dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.59798 of 2018
                          Arising Out of PS. Case No.-266 Year-2015 Thana- JAMUI District- Jamui
                  ======================================================
            1.     Md. Rasid Ali
            2.    Md. Sahid, both are son of Md. Abdul Kayum, both are resident of Village-
                  Arhsar, P.S. District- Jamui.

                                                                                     ... ... Petitioner/s
                                                         Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None
                  For the Opposite Party/s :        Mr. Abhay Kumar – 1, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

3    12-02-2026                      On repeated calls, no one appears on behalf of the

                    petitioners to press this matter.

                                 2. On the previous occasion i.e. on 28.01.2026, also

                    no one turned up on behalf of the petitioners.

                                 3. However, learned A.P.P. for the State is present.

                                 4. In such view of the matter, this application is

                    dismissed for want of prosecution.



                                               (Sunil Dutta Mishra, J)
utkarsh/-

U       T

Continue reading with your account

Checking your session…