Patna High Court

Chandan KumarversusThe State of Bihar

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

Holding

The application was dismissed for non-prosecution.

Summary

Petitioner Chandan Kumar filed an application before the Patna High Court in Criminal Miscellaneous No.86107 of 2024. No counsel appeared on behalf of the petitioner, while the State was represented by Mr. Sanjay Kumar Tiwary. The Court was required to consider whether the application could proceed in the absence of the petitioner’s representation. The Court observed that the petitioner had not prosecuted the application and therefore there was no basis to entertain it. Consequently, the application was dismissed on the ground of non-prosecution.

Issues considered

What is the appropriate course of action when an application is filed without any representation or prosecution by the petitioner?

Subjects

criminal procedure
non-prosecution
application dismissal
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.86107 of 2024
                        Arising Out of PS. Case No.-568 Year-2023 Thana- MASAUDHI District- Patna
                  ======================================================
                  Chandan Kumar S/o- Late Baleshwar Chaudhary Resident of Village-
                  Thalpura, P.O-Ghorahuwan, P.S-Masaurhi, Dist.-Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
            1.    The State of Bihar Bihar
            2.    Manju Devi W/o-Rajesh Chaudhary @ Ranjesh Chaudhary Village-
                  Thalpura Po-Ghorahuwan Ps-Masaurhi Dist- Patna

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       None
                  For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    13-03-2026                    None appears for the petitioner. Learned counsel for

                    the State is present.

                                 2. Accordingly, this application is dismissed on the

                    ground of non-prosecution.



                                                             (Sandeep Kumar, J)
Vikas/-

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Lawyer court records for this case

Associated through the court’s case reference.

Sanjay Kumar Tiwary