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Patna High Court

Deepak Kumar SahversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

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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