Patna High Court

AMIT PRASAD LAHERI @ AJIT PRASAD LAHERI and ORS.versusState 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 non‑prosecution.

Summary

The petitioners, a group of relatives of Krishna Murari Prasad Laheri, filed a criminal miscellaneous application in 2018. No counsel appeared for them on the hearing dates of 20‑04‑2026 and 28‑04‑2026, and they expressed no interest in pursuing the matter. The State, represented by A.P.P. Mr. Md. Ashlam Ansari, was the only party present. The Court observed the petitioners’ absence and lack of intent to prosecute. Consequently, the Court dismissed the application for default due to non‑prosecution. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

Whether a criminal miscellaneous application may be dismissed for default when the petitioners fail to appear and show no intention to prosecute.

Subjects

default judgment
criminal miscellaneous application
non-prosecution
adjournment
procedural dismissal

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.62135 of 2018
                   Arising Out of PS. Case No.-102 Year-2015 Thana- AURANGABAD COMPLAINT CASE
                                                    District- Aurangabad
                   ======================================================
              1.    Amit Prasad Laheri @ Ajit Prasad Laheri.
              2.   Ajay Prasad Laheri,
              3.   Abhay Prasad Laheri @ Abhay Prasad Gupta @ Abhay Prasad, All Sons of
                   Krishna Murari Prasad Laheri,
              4.   Smt. Sunaina Devi, Wife of Krishna Murari Prasad Laheri, All are resident
                   of Mahuli Kuan, P.S.- Giridih, District- Giridh.
                                                                          ... ... Petitioner/s
                                                      Versus
              1.   The State of Bihar.
              2.    Sri Vijay Prasad Lahri, Son of Late Janki Lahri, Resident of Bhratpur, P.S.-
                    Aurangabad Town, District- Aurangabad.
                                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr. Md. Ashlam Ansari, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

4     28-04-2026                  No one is present on behalf of the petitioners, 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 petitioners and the case was

                     adjourned.

                                  3. Since the petitioners have 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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