Patna High Court

Bali Kumar YadavversusThe State of Bihar

Decided: 16 February 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: SATYAVRAT VERMA

Holding

A petition is dismissed for non-prosecution if the petitioner does not appear despite repeated calls.

Summary

Bali Kumar Yadav filed a petition in the Patna High Court challenging actions of the State of Bihar and a Mining Inspector. The petitioner failed to appear before the court despite repeated notices. The State's Additional Public Prosecutor was present. The presiding judge noted the petitioner's non-appearance and held that the petition could not proceed. Consequently, the petition was dismissed for non-prosecution. No substantive merits of the case were examined.

Issues considered

What is the appropriate consequence when a petitioner fails to appear before the court after being duly notified?

Subjects

petition dismissal
non-prosecution
court appearance
procedural default
high court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.77900 of 2025
                        Arising Out of PS. Case No.-104 Year-2025 Thana- RISIYAP District- Aurangabad
                    ======================================================
                    Bali Kumar Yadav S/O Santosh Yadav @ Santoshi Yadav R/O Village-
                    Pindarkum, P.S.- Marnagoliya, Distt.- Latehar, Jharkhand

                                                                                      ... ... Petitioner/s
                                                          Versus
               1.   The State of Bihar
               2.   The Mining Inspector P.S.- Risiup, Dist.- Auranhgabad, Bihar

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       None
                    For the Opposite Party/s :       Mr. Choubey Jawahar
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                          ORAL ORDER

3    16-02-2026                    1. No one appears on behalf of the petitioner on

                      repeated calls.

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

                                   3. Accordingly, instant petition is dismissed for non-

                      prosecution.


                                                 (Satyavrat Verma, J)
vikash/-

U          T

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

Choubey Jawahar