Patna High Court

Sonu Kumar @ Sonu RajversusThe State of Bihar

Decided: 28 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: CHANDRA SHEKHAR JHA

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioner, Sonu Kumar, filed a criminal miscellaneous petition against the State of Bihar and Nibha Kumari. No counsel appeared on his behalf, and he failed to attend hearings despite repeated calls. The respondent’s counsel informed the court that criminal proceedings under Sections 82 and 83 of the Code of Criminal Procedure had also been initiated against the petitioner. The matter had been pending since January 2024, and the court observed that the petitioner had lost interest in pursuing the case. Consequently, the High Court dismissed the petition for want of prosecution.

Issues considered

Whether the petition can continue in the absence of the petitioner’s participation and prosecution
Whether dismissal for want of prosecution is appropriate under the circumstances

Legislation cited

Code of Criminal Procedure — s. 82, 83

Subjects

Criminal Procedure Code
Section 82
Section 83
Dismissal
Want of prosecution
High Court

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL MISCELLANEOUS No.6822 of 2024
                        Arising Out of PS. Case No.-412 Year-2020 Thana- NALANDA COMPLAINT CASE
                                                         District- Nalanda
                     ======================================================
                     Sonu Kumar @ Sonu Raj, S/o Shambhu Prasad, R/o New Bank Colony,
                     Mohalla-Meharpar, Gangadiwan, P.S. -Bihar, Dist. -Nalanda.
                                                                                ... ... Petitioner
                                                     Versus
                1.    The State of Bihar
                2.    Nibha Kumari, D/o Arvind Prasad, R/o Ramchandrapur Narayan Complex,
                      P.S.- Laheri, Biharsharif, Dist.-Nalanda.
                                                                      ... ... Opposite Parties
                     ======================================================
                     Appearance :
                     For the Petitioner     :      None
                     For the State          :      Md. Shakir Ahmad, Advocate
                     For the O.P. No.2      :      Mr. Dheeraj Kumar, Advocate
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                           ORAL ORDER

3   28-01-2026                      Upon repeated calls, none appeared on behalf of the

                       petitioner.

                                    2.     Learned counsel appearing for O.P. No.2

                       submitted that the process under Sections 82 and 83 of the

                       Code of Criminal Procedure also initiated against the petitioner.

                                    3.    This matter is pending with this Court since

                       January, 2024. It appears that the petitioner has lost his

                       interest in present proceeding, accordingly, the present petition

                       stands dismissed in want of prosecution.


                                                       (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T

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