Patna High Court

Chhotu KumarversusThe State of Bihar

Decided: 29 January 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: SATYAVRAT VERMA

Holding

The petition is dismissed for non‑prosecution.

Summary

Chhotu Kumar filed a criminal miscellaneous petition against the State of Bihar. No counsel appeared for the petitioner, while the State was represented by A.P.P. Parmanand Prasad. The State argued that the petition was taken up on 11 September 2024 and the petitioner was given two weeks to rectify procedural defects, which were not remedied, indicating a loss of interest by the petitioner. The Court noted the petitioner’s failure to appear and the unresolved defects. Consequently, the Court dismissed the petition for non‑prosecution.

Issues considered

Whether a criminal miscellaneous petition can proceed when the petitioner fails to appear and does not remedy procedural defects
Whether dismissal for non‑prosecution is appropriate under the circumstances

Subjects

criminal procedure
non‑prosecution
default
dismissal
petitioner's interest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63955 of 2024
                       Arising Out of PS. Case No.-618 Year-2021 Thana- NAWADA District- Nawada
                 ======================================================
                 Chhotu Kumar SON OF Mundrika Prasad @ Mindrika Prasad R/o
                 VILLAGE- CHETA BIGHA, PS- NEMDARGANJ, DIST- NAWADA
                                                                ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None.
                 For the Opposite Party/s :       Mr. Parmanand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   29-01-2026                  1. No one appears on behalf of the petitioner. Learned

                   A.P.P. for the State is present.

                                2. Learned A.P.P. for the State submits that the case

                   was taken up on 11.09.2024, when two weeks’ time was granted

                   for removing the defects as pointed out by the office but then it

                   appears that the defects till date have not been removed, as such,

                   it appears that petitioner has lost his interest in the case.

                                4. Considering the submissions made by the learned

                   A.P.P., the case is dismissed for non-prosecution.


                                                                       (Satyavrat Verma, J)

Kundan/-

U     T

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