Patna High Court

Upendra SinghversusThe State of Bihar

Decided: 11 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

The application is dismissed for non‑prosecution due to the petitioner’s failure to appear.

Summary

The petitioner, Upendra Singh, filed an application before the Patna High Court challenging an order of the State of Bihar. No counsel appeared on behalf of the petitioner despite repeated summons. The respondent was represented by Mr. Harendra Prasad, APP, and the informant by Mr. Nishant Sinha, Adv. The court noted the petitioner’s failure to appear and to prosecute the application. Consequently, Justice Soni Shrivastava dismissed the application on the ground of non‑prosecution. The order was pronounced orally on 11‑02‑2026.

Issues considered

Can an application be dismissed for non‑prosecution when the petitioner fails to appear before the court?

Subjects

non-prosecution
application dismissal
court procedure
absence of counsel

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.70388 of 2025
                          Arising Out of PS. Case No.-97 Year-2024 Thana- JIRADEI District- Siwan
                  ======================================================
                  Upendra Singh S/o Late Lalan Singh R/o Village- Akolhi, P.S.- Ziradei,
                  District- Siwan

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None
                  For the Opposite Party/s :        Mr.Harendra Prasad, APP
                  For the Informant        :        Mr. Nishant Sinha, Adv.
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

5    11-02-2026                     This case was repeatedly called yesterday and the

                    counsel for the petitioner did not appear and even today, on

                    calling, one one appears on behalf of the petitioner.

                                 2. In such view of the matter, the instant application is

                    dismissed for non-prosecution.



                                               (Soni Shrivastava, J)
Harsh/-

U

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