Patna High Court

Yogendra Singh and OrsversusState Of Bihar and Anr

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

Holding

The criminal miscellaneous application is dismissed for default due to non‑prosecution.

Summary

The petitioners, three individuals, filed a criminal miscellaneous application against the State of Bihar and another respondent. No counsel appeared for the petitioners, and the matter had previously been adjourned on 20-04-2026 for the same reason. The petitioner showed no interest in pursuing the case, which originated in 2018. The learned judge noted the absence of representation and the lack of prosecution. Consequently, the application was dismissed for default due to non‑prosecution.

Issues considered

Whether a criminal miscellaneous application can be proceeded with when the petitioner fails to appear and shows no interest in prosecution

Subjects

default judgment
criminal miscellaneous application
non‑prosecution
adjournment
procedural dismissal

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.61814 of 2018
                        Arising Out of PS. Case No.-15 Year-2018 Thana- HATHUA District- Gopalganj
                   ======================================================
              1.    Yogendra Singh Son of Jotish Rai
              2.   Raj Kishore Singh Son of Shiv Nandan Rai
              3.   Jai Narayan Singh Son of ShivNandan Rai All Resident of Village-
                   Kaparkura Police Station-Hathua District-Gopalganj
                                                                      ... ... Petitioner/s
                                                    Versus
              1.   The State of Bihar.
              2.    Satish Singh Son of Sriram Singh Resident of Village- Kaparpura Police
                    Station-Hathua District-Gopalganj.
                                                                      ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Anil Prasad Singh, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

4     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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