Patna High Court

Raju Kumar @ Raju Prasad GuptaversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: RAJIV ROY

Holding

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

Summary

The petitioner, Raju Kumar, is in custody for alleged offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act, arising from a case lodged on 27 July 2022. No counsel appeared on his behalf, and the petitioner failed to appear before the court on 11 April 2025 and 16 May 2025 despite being called. The learned Assistant Public Prosecutor highlighted the petitioner’s non‑appearance and apparent loss of interest in the proceedings. The court observed that the petitioner’s failure to appear amounted to a lack of prosecution. Consequently, the petition was dismissed for non‑prosecution.

Issues considered

What is the appropriate judicial response when a petitioner fails to appear for hearing in a criminal case?

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 302, 34

Subjects

criminal procedure
non‑appearance
petition dismissal
IPC
Arms Act
bail

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.78535 of 2024
                    Arising Out of PS. Case No.-304 Year-2022 Thana- KISHANGANJ District- Kishanganj
                  ======================================================
                  Raju Kumar @ Raju Prasad Gupta Son of Late Rohit Sah @ Rohit Prasad
                  Gupta Resident of Village- Gasaigaon, Ward No. 09, P.S.- Naugachia, Distt.-
                  Bhagalpur, presently resident of Dharamganj Ward no. 11, P.S.- Kishanganj,
                  Distt.- Kishanganj
                                                                             ... ... Petitioner/s
                                                    Versus
                  The State of Bihar                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :        None
                  For the State           :        Mr. Ashok Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

5    04-07-2025                     No one appears on behalf of the petitioner though

                    Mr. Ashok Kumar Singh, learned APP is present.

                                  2. The petitioner is in custody in connection with

                    Kishanganj P.S. Case No. 304 of 2022 for the offence

                    punishable under Sections 302 and 34 of the Indian Penal Code

                    and section 27 of the Arms Act, lodged on 27.07.2022 by the

                    informant Preeti Kumari.

                                  3. It has been pointed out by the learned APP that on

                    11.04.2025 and 16.05.2025, upon call there was no appearance.

                                  4. It seems that the petitioner has lost interest in the

                    case, accordingly, the petition stands dismissed for non-

                    prosecution.



                                                  (Rajiv Roy, J)
vinayak/-

U      T

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