Patna High Court

BINDESHWARI YADAVversusTHE STATE OF BIHAR

Decided: 27 January 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

The anticipatory bail petition was dismissed because the petitioners did not appear, resulting in non‑prosecution.

Summary

The petitioners Bindeshwari Yadav, Binod Yadav and Kariya Yadav filed an anticipatory bail petition before the Patna High Court. No counsel appeared on their behalf on two consecutive dates, 2 September 2024 and 9 September 2024. The State’s Additional Public Prosecutor, Mr. Raj Kishor Singh, was present. The Court noted the non‑appearance of the petitioners and held that the petition could not be entertained. Consequently, the anticipatory bail petition was dismissed for lack of prosecution. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

Whether an anticipatory bail petition can be entertained when the petitioners fail to appear before the Court?

Subjects

anticipatory bail
non-appearance
criminal procedure
High Court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.7106 of 2024
                        Arising Out of PS. Case No.-112 Year-1996 Thana- BHAWANIPUR District- Purnia
                    ======================================================
              1.     BINDESHWARI YADAV SON OF LATE BHADO YADAV RESIDENT
                     OF VILLAGE - LILA, P.S. - BHAWANIPUR, DISTRICT - PURNEA
              2.    BINOD YADAV SON OF BINDESHWARI YADAV RESIDENT OF
                    VILLAGE - LILA, P.S. - BHAWANIPUR, DISTRICT - PURNEA
              3.    KARIYA YADAV @ KARU YADAV SON OF BINDESHWARI YADAV
                    RESIDENT OF VILLAGE - LILA, P.S. - BHAWANIPUR, DISTRICT -
                    PURNEA

                                                                                     ... ... Petitioner/s
                                                          Versus
                    THE STATE OF BIHAR

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       NONE
                    For the Opposite Party/s :       Mr. Raj Kishor Singh, APP
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

7      09-09-2024                      This is second consecutive day when nobody

                      appears on behalf of petitioners. Earlier, on 02.09.2024 also,

                      there was non-appearance on behalf of petitioners. Learned

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

                                        2. The anticipatory bail petition stands dismissed

                      due to non-prosecution.



                                                      (Prabhat Kumar Singh, J)
anay

U        T

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