Patna High Court

Shiv Mandir RaiversusState Of Bihar and Anr

Decided: 28 April 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for default due to the petitioner’s non‑prosecution.

Summary

The petition in Criminal Miscellaneous No. 60440 of 2018, arising from a 2007 complaint in Rohtas, was filed by Shiv Mandir Rai against the State of Bihar and Rama Shankar Sah. No counsel appeared on behalf of the petitioner on the scheduled dates of 20‑04‑2026 and 28‑04‑2026, while the State’s Additional Public Prosecutor was present. The petitioner’s repeated non‑appearance indicated a lack of interest in pursuing the matter, which pertained to an incident dating back to 2018. The learned Justice Sunil Dutta Mishra observed that the petitioner had not taken steps to prosecute the case. Consequently, the Court dismissed the criminal miscellaneous application for default due to non‑prosecution.

Issues considered

Whether the criminal miscellaneous application should be dismissed for default owing to the petitioner’s failure to appear and prosecute the case

Subjects

default judgment
non‑prosecution
criminal procedure
adjournment
high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.60440 of 2018
                      Arising Out of PS. Case No.-1573 Year-2007 Thana- ROHTAS COMPLAINT CASE
                                                       District- Rohtas
                   ======================================================
                   Shiv Mandir Rai S/o Late Ram Pravin Ray, R/o Vill.- Riwa, P.S.- Kargahar,
                   District- Rohtas.
                                                                          ... ... Petitioner/s
                                                   Versus
              1.    The State of Bihar.
              2.    Rama Shankar Sah S/o Nathuni Shah, R/o Vill.- Masihobad, P.S.- Sheosagar,
                    District- Rohtas.
                                                                       ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Murlidhar, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

5     28-04-2026                  No one is present on behalf of the petitioner, however,

                     learned A.P.P. for the State is present.

                                  2. On the previous date also i.e. on 20.04.2026, no one

                     was present on behalf of the petitioner and the case was

                     adjourned.

                                  3. Since the petitioner has 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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