Patna High Court

SHAMBHU KUMARversusThe State of Bihar

Decided: 16 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

The application is dismissed for non‑prosecution as the petitioner did not appear and lost interest in the case.

Summary

Shambhu Kumar filed a criminal miscellaneous petition against the State of Bihar and three individuals. The petitioner failed to appear before the court despite repeated notices on 02-12-2025 and 13-01-2026. No counsel represented the petitioner, and the learned Assistant Public Prosecutor appeared for the State. The court observed that the petitioner had lost interest in pursuing the matter. Consequently, the court dismissed the petitioner's application on the ground of non‑prosecution.

Issues considered

Can the court dismiss a petition for non‑prosecution when the petitioner fails to appear and shows lack of interest?

Subjects

non-prosecution
petitioner's absence
criminal miscellaneous
court procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.61972 of 2021
                  Arising Out of PS. Case No.-108 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai
                  ======================================================
                  Shambhu Kumar Son Of Kartik Paswan Resident Of Village- Karaitor, P.S.-
                  Bakhri, District- Begusarai. At Present R/O Bishanpura, J-26, Sector-58,
                  Noida, P.S.- Gautam Buddha Nagar District- Noida (U.P.)
                                                                          ... ... Petitioner/s
                                                   Versus
            1.     The State of Bihar
            2.    Upendra Paswan Son Of Late Munni Lal Paswan Resident Of Village-
                  Karaitar, P.S.- Bakhri, District- Begusarai
            3.    Pankaj Paswan Son Of Upendra Paswan Resident Of Village- Karaitar, P.S.-
                  Bakhri, District- Begusarai
            4.     Ankaj Paswan Son Of Upendra Pawan Resident Of Village- Karaitar, P.S.-
                   Bakhri, District- Begusarai
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      None
                  For the Opposite Party/s :      Mr. Manoj Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

4    16-01-2026                    In spite of repeated calls, none appeared on behalf of

                    the petitioner. On 02.12.2025 and 13.01.2026 also none had

                    appeared on behalf of the petitioner.

                                    2. Learned APP for the State is present before the

                    Court.

                                    3. It appears that the petitioner has lost interest in

                    the case.

                                    4. Accordingly, this application is dismissed for

                    non- prosecution.


                                                     (Soni Shrivastava, J)

anand/-
U       T

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