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Patna High Court

Brij Kishore Ray @ Braj Kishore Ray @ Brij Kishore Rai @ Braj Kishore RaiversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The application is dismissed for non‑prosecution.

Summary

Brij Kishore Ray filed an application before the Patna High Court seeking relief against the State of Bihar and Pragas Kumar. No counsel appeared on behalf of the petitioner, while the State was represented by Mr. Dilip Kumar No. 1. The court noted the absence of any representation for the petitioner. Consequently, the application could not be proceeded with. The judge dismissed the application on the ground of non‑prosecution. The order was pronounced by Hon’ble Mr. Justice Rajesh Kumar Verma.

Issues considered

  • Whether the application can be entertained in the absence of any representation for the petitioner?

Subjects

  • Criminal Procedure Code
  • non‑prosecution
  • dismissal
  • representation
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.81014 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.48085 of 2025
                   Arising Out of PS. Case No.-24 Year-2024 Thana- TARIYANI CHOWK District- Sheohar
                  ======================================================
                  Brij Kishore Ray @ Braj Kishore Ray @ Brij Kishore Rai @ Braj Kishore
                  Rai son of Kamal Roy Resident of Village- Parambasant (Param Vasant) P.S.-
                  Tariyani, District- Sheohar

                                                                                  ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar
            2.    Pragas Kumar son of Late singeshwar Ray Resident of Village- Parambasant
                  P.S.- Tariyani, District- Sheohar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :       None
                  For the State           :       Mr. Dilip Kumar No. 1, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                        ORAL ORDER

4    16-01-2026                    No one appears on behalf of the petitioner. However,

                    Mr. Dilip Kumar No. 1, learned counsel for the State is present.

                                  2. Accordingly, this application stands dismissed for

                    non-prosecution.



                                          (Rajesh Kumar Verma, J)
Suruchi/-

U


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