Patna High Court
Deepak Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- RAJESH KUMAR VERMA
Holding
The application is dismissed for non‑prosecution.
Summary
The petitioner, Deepak Kumar Sah, filed an application in the Patna High Court. No counsel appeared on his behalf on two consecutive dates, 13 January 2026 and 20 January 2026, while the State’s counsel was present. The court noted the petitioner’s non‑appearance and, under the principle that an application cannot proceed without prosecution, dismissed the application. No evidence or substantive arguments were presented. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether the application can be dismissed for non‑prosecution due to the petitioner’s failure to appear.
Subjects
- criminal procedure
- dismissal for non prosecution
- absence of petitioner
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89083 of 2025
Arising Out of PS. Case No.-504 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Deepak Kumar Sah S/o- Gonelal Sah R/v- Harail, Ps- Mohiuddin Nagar Dist-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 20-01-2026 On the last occasion i.e,, on 13.01.2026, no one
appeared on behalf of the petitioner. Today when the matter was
called out, no one appears on behalf of the petitioner. However,
Mr. Narsingh Tanti, learned APP for the State is present.
2. In view of the aforesaid, the present application
stands dismissed for non prosecution.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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