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Patna High Court

Vikash Kumar @ Bhoma @ VikashversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The court dismissed the petition for non‑prosecution as no counsel appeared for the petitioner.

Summary

Vikash Kumar filed a criminal miscellaneous petition against the State of Bihar. No counsel appeared on behalf of the petitioner when the matter was taken up. The petition had earlier been dismissed for non‑prosecution on 18‑12‑2025, but was restored to the original file on 12‑2‑2026. Upon re‑consideration, the petitioner again failed to appear, and the learned APP for the State was the only party present. The court therefore dismissed the petition for non‑prosecution, concluding that the proceedings could not continue without representation of the petitioner.

Issues considered

  • Whether the petition can be proceeded with in the absence of any representation for the petitioner?

Subjects

  • criminal procedure
  • non‑prosecution
  • dismissal
  • restoration of case
  • absence of representation

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.82365 of 2025
                           Arising Out of PS. Case No.-503 Year-2025 Thana- BEUR District- Patna
                  ======================================================
                  Vikash Kumar @ Bhoma @ Vikash Son of Dhuri Rai Resident of Vishunpur
                  Pakri, P.S.- Beur, District- Patna

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None
                  For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

3    16-03-2026               1.    No one appears on behalf of the petitioner.

                              2.    Learned APP for the State, Sri Rabindra Kumar, is

                    present.

                              3.       Earlier, the case was dismissed for non-

                    prosecution on 18-12-2025, thereafter it was restored to its

                    original file by an order dated 12-2-2026 in Cr. Misc No. 3841

                    of 2026. Today when the case is taken up again no one appears

                    on behalf of the petitioner.

                              4.    The case is dismissed for non-prosecution.



                                               (Satyavrat Verma, J)
Sumit/-

U         T


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