Patna High Court

Krishna Kumar Yadav @ Krishna Yadav @ Khekharu YadavversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SANDEEP KUMAR

Holding

An application cannot be entertained and is dismissed if the petitioner fails to appear despite being called.

Summary

The petitioners, Krishna Kumar Yadav and Vikash Kumar, filed a criminal miscellaneous application before the Patna High Court against the State of Bihar. They were required to appear for the hearing but failed to do so even after a second call. The respondent, the State of Bihar, was represented by Advocate Jagdhar Prasad. The Court observed the petitioners’ non‑appearance and noted that the application could not proceed without their participation. Accordingly, the Court dismissed the petition on the ground of non‑prosecution. The order was delivered by Justice Sandeep Kumar.

Issues considered

Can an application be entertained when the petitioner fails to appear despite being called?

Subjects

petition dismissed
non-prosecution
criminal miscellaneous
high court
absence of petitioner

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.80930 of 2025
                      Arising Out of PS. Case No.-186 Year-2025 Thana- ARA MUFFSIL District- Bhojpur
                   ======================================================
              1.    Krishna Kumar Yadav @ Krishna Yadav @ Khekharu Yadav S/O Shankar
                    Yadav @ Khedu Yadav R/O village - Doulatpur, P.S- Muffasil, District. -
                    Bhojpur.
              2.   Vikash Kumar @ Vikash Yadav @ Garib Yadav S/O Shankar Yadav @
                   Khedu Yadav R/O village - Doulatpur, P.S- Muffasil, District. - Bhojpur.

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

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       None
                   For the Opposite Party/s :       Mr.Jagdhar Prasad, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                         ORAL ORDER

4    13-03-2026                     Since no one appeared for the petitioners even on the

                     second call, this application stands dismissed for non-

                     prosecution.



                                                (Sandeep Kumar, J)
tusharika/-

U

Continue reading with your account

Checking your session…