Patna High Court

DHEERAJ MAHTO @ DHEERAJ KUMARversusTHE STATE OF BIHAR

Decided: 27 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: CHANDRA SHEKHAR JHA

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioner, Dheeraj Mahto, filed a criminal miscellaneous petition (No. 61189 of 2023) before the Patna High Court seeking relief against the State of Bihar. The petition was listed multiple times but no counsel appeared on behalf of the petitioner despite repeated calls. The court observed that the petitioner appeared to have lost interest in prosecuting the petition. Consequently, the court held that the petition could not proceed without active prosecution. The petition was therefore dismissed for want of prosecution. No substantive merits of the petition were examined.

Issues considered

What is the appropriate course of action when a petitioner fails to appear and shows lack of interest in prosecuting a criminal miscellaneous petition?

Subjects

criminal miscellaneous
dismissal
want of prosecution
high court
petition

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.61189 of 2023
                    Arising Out of PS. Case No.-29 Year-2023 Thana- BHAGWANPUR District- Begusarai
                  ======================================================
                  Dheeraj Mahto @ Dheeraj Kumar, Son of Rukesh Mahto, Resident of Village
                  Navtolia Bhagwanpur, P.S. Bhagwanpur, Dist- Begusarai.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      None
                  For the Opposite Party/s :      Mr.Kumar Veerendra Narayan, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER

2    27-01-2026                  Petition is of 2023. None appeared on repeated call.

                    It appears that petitioner lost interest in prosecution.

                                 2.     Accordingly,     the     present      petition     stands

                    dismissed in want of prosecution.



                                           (Chandra Shekhar Jha, J)
veena/-

U         T

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