Patna High Court

Narmdeshwar Azad and OrsversusState Of Bihar and Anr

Decided: 23 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for default due to non‑prosecution.

Summary

The petitioners, Narmdeshwar Azad and family, filed a criminal miscellaneous application in the Patna High Court arising from a 2016 complaint case. The respondents were the State of Bihar and Deepa Kumari. No counsel appeared on behalf of the petitioners, and the learned Assistant Public Prosecutor represented the State. The court noted that the petitioners had repeatedly failed to appear and expressed no interest in pursuing the matter, which originated in 2018. Consequently, the court dismissed the application for default on the ground of non‑prosecution. The order was pronounced by Justice Sunil Dutta Mishra.

Issues considered

Whether the criminal miscellaneous application should be entertained despite the petitioners' non‑appearance and lack of interest.

Subjects

Criminal Procedure Code
Default judgment
Non‑prosecution
Miscellaneous application
High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8075 of 2018
                    Arising Out of PS. Case No.-1700 Year-2016 Thana- SITAMARHI COMPLAINT CASE
                                                     District- Sitamarhi
                  ======================================================
            1.     Narmdeshwar Azad Son of Late Ram Balak Sharma
            2.    Nirmala Azad, W/o Narmdeshwar Azad
            3.    Naynik Naran, S/o Narmdeshwar Azad All are Resident of Mohalla- Jail
                  Road, Ward No.6, P.S.-Dumra, District-Sitamarhi, Presently residing at
                  Type-4 Flat no.-67, North West Motibagh, P.S. R.K. Puram New Delhi-
                  110021.
                                                                        ... ... Petitioner/s
                                                 Versus
            1.    The State of Bihar.
            2.     Deepa Kumari, Wife of Naynik Naran, D/o Paramhansh Thakur, R/o
                   Mohalla-Kot Bazar, Ward No. 13 P.S.-Sitamarhi, District-Sitamarhi.
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr. Brajendra Nath Pandey, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

7    23-03-2026                  No one is present on behalf of the petitioners,

                    however, learned A.P.P. for the State is present.

                                 2. On the previous dates also no one was present on

                    behalf of the petitioners and the case was adjourned.

                                 3. Since the petitioners have no interest to pursue this

                    matter which is of the year 2018, accordingly, the present Cr.

                    Misc. Application stands dismissed for default due to non-

                    prosecution.



                                               (Sunil Dutta Mishra, J)
Ritik/-
U       T

Continue reading with your account

Checking your session…