Patna High Court

Habib @ Md. HabibversusThe State of Bihar

Decided: 22 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: PRABHAT KUMAR SINGH

Holding

The anticipatory bail petition was dismissed for default due to the petitioner's non‑appearance.

Summary

Habib, the petitioner, filed an anticipatory bail petition in the Patna High Court under Criminal Miscellaneous No.83589 of 2025. The petition was to obtain protection against arrest in a case registered as PS. Case No.-281 Year-2025. The petitioner failed to appear before the court on two consecutive dates, 6 January 2026 and 22 January 2026, despite being duly served. The learned Additional Public Prosecutor for the State was present, but no counsel for the petitioner appeared. Consequently, the court dismissed the anticipatory bail petition on the ground of default, without addressing the merits of the application.

Issues considered

What is the effect of a petitioner's failure to appear on the consideration of an anticipatory bail application?

Subjects

anticipatory bail
default
non‑appearance
Criminal Procedure Code
high court

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.83589 of 2025
                      Arising Out of PS. Case No.-281 Year-2025 Thana- KISHANGANJ District- Kishanganj
                    ======================================================
                    Habib @ Md. Habib Son of late Md. Atabul @ Atabul Resident of Ward No.
                    32, Khagra Karbala, P.O.and P.S.- Kishanganj, District- Kishanganj.

                                                                                     ... ... Petitioner/s
                                                          Versus
              1.    The State of Bihar
              2.    Shanno Parveen Daughter of Md. Jafir Resident of Village and Post -
                    Mahuli, Ward No.03, P.S. Guraru, District Gaya at present posted as Police
                    Sub-inspector at Kishanganj, P.O.and P.S.- Kishanganj, District - Kishanganj

                                                           ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Satish Kumar Sinha
                    For the Opposite Party/s :       Mr.Awadhesh Kumar Singh
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

3      22-01-2026                      This is second consecutive day when nobody

                      appears on behalf of petitioner. Earlier, on 06.01.2026 also,

                      there was non-appearance on behalf of petitioner. Learned A.P.P.

                      for the State is present.

                                     2. The anticipatory bail petition stands dismissed for

                      default.



                                                     (Prabhat Kumar Singh, J)
anay

U        T

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