Patna High Court

HARI NARAIN SAH @ HARI NARAYAN PRASADversusThe State Of Bihar

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 petitioner, Hari Narain Sah, filed a criminal miscellaneous application arising from a 2017 police case. No counsel appeared for the petitioner on the scheduled dates of 26 March 2026 and 28 April 2026. The State of Bihar was represented by Advocate-on-Record Nagendra Prasad. The court observed that the petitioner showed no interest in pursuing the matter, which pertained to an incident from 2018. Consequently, the court dismissed the application for default due to non‑prosecution. The order was pronounced by Justice Sunil Dutta Mishra of the Patna High Court.

Issues considered

Whether the criminal miscellaneous application should be dismissed for default due to the petitioner's failure to appear and prosecute the matter.

Subjects

default judgment
non‑prosecution
criminal miscellaneous application
adjournment
high court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.62402 of 2018
                       Arising Out of PS. Case No.-117 Year-2017 Thana- BARGAINIA District- Sitamarhi
                   ======================================================
                   Hari Narain Sah @ Hari Narayan Prasad S/o Bhagwan Sah, R/o Vill.-
                   Bhakurahar, P.S.- Bairgenia, District- Sitamarhi.

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

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        None
                   For the Opposite Party/s :        Mr. Nagendra Prasad, A.P.P.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

3     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 26.03.2026, 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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