Patna High Court

Syed Zeyarat Hussain and OrsversusState Of Bihar and Anr

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

Holding

The application is dismissed for want of prosecution.

Summary

The petitioners, Syed Zeyarat Hussain, his wife Akhtari Bano and son Syed Sujat Hussain, filed an application before the Patna High Court against the State of Bihar and Farjana Anjum. The application was scheduled for hearing on 28 January 2026 and again on 12 February 2026. On both occasions, no counsel appeared on behalf of the petitioners despite repeated calls. The learned Assistant Public Prosecutor for the State was present. The Court, noting the absence of any representation for the petitioners, dismissed the application for want of prosecution.

Issues considered

What is the appropriate consequence when petitioners fail to appear or present counsel for a scheduled hearing?

Subjects

criminal procedure
want of prosecution
procedural default
court dismissal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.60258 of 2018
                     Arising Out of PS. Case No.-73 Year-2016 Thana- MAHILA P.S. District- Muzaffarpur
                  ======================================================
            1.     Syed Zeyarat Hussain Son of Late Syed Basharat Hussain
            2.    Akhtari Bano, Wife of Syed Zeyarat Hussain
            3.    Syed Sujat Hussain, Son of Syed Zeyarat Hussain, All resident of Mohalla-
                  Ali Mirza Road, Raza House, Pakki Sarai, P.S.- Muzaffarpur Town, District-
                  Muzaffarpur.

                                                                                     ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar
            2.    Farjana Anjum, Daughter of Wase Siddqui, Ex-Wife of Syed Sujat Hussain,
                  Resident of Mohalla- Data Kambal Shah Road, Imambada Campus, Nai
                  Bazar, P.S.- Muzaffarpur Town, District- Muzaffarpur.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None
                  For the Opposite Party/s :        Smt. Renu Kumari, 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

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