Patna High Court

Baleshwar RayversusThe State Of Bihar and Ors

Decided: 2 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SONI SHRIVASTAVA

Holding

The application for cancellation of bail is dismissed for non‑prosecution.

Summary

The petitioner filed an application in 2019 seeking cancellation of bail. Over several dates, the petitioner's counsel repeatedly failed to appear or sought adjournments, and by the latest order on 29.01.2026 no one had pressed the application. The court again listed the matter for 02.02.2026, but again no one appeared despite repeated calls. Observing the petitioner's apparent loss of interest in the old matter, the court dismissed the application for non‑prosecution. The dismissal was made in the interest of justice, concluding that the petition could not proceed without active prosecution.

Issues considered

What is the appropriate consequence when an application for cancellation of bail is not pursued by the petitioner?

Subjects

bail
cancellation of bail
non‑prosecution
adjournments
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.884 of 2019
                       Arising Out of PS. Case No.-19 Year-2018 Thana- SALAKHUA District- Saharsa
                  ======================================================
                  Baleshwar Ray

                                                                                   ... ... Petitioner/s
                                                        Versus
                  The State Of Bihar and Ors

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Arbind Kumar, Advocate
                  For the Opposite Party/s :       Mr. Ajay Kumar No. 1, A.P.P
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

15   02-02-2026                    After perusal of the record, it appears that the present

                    application for cancellation of bail was filed in the year 2019 and on

                    many dates the learned counsel for the petitioner has failed to appear

                    or has been taking adjournments. By the last order dated 29.01.2026

                    also, it would appear that no one appeared to press the present

                    application. However, in the interest of justice the matter was again

                    directed to be listed on 02.02.2026. Today also, on repeated calls, no

                    one appeared to press the present application. It seems that petitioner

                    has lost interest in the case being an old matter.

                                 2. Accordingly, the present application is dismissed for

                    non-prosecution



                                               (Soni Shrivastava, J)
vashudha/-

U      T

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