Patna High Court

Samir Verma and OrsversusState Of Bihar and Anr

Decided: 23 March 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SUNIL DUTTA MISHRA

Holding

The application is dismissed for default due to non‑prosecution.

Summary

The petitioners, members of the Verma family, filed a criminal miscellaneous application against the State of Bihar and Shiwani Verma. No counsel appeared on behalf of the petitioners, and the State’s counsel was the only party present. The court noted that the petitioners had previously failed to appear and had shown no interest in pursuing the matter, which originated in 2018. Consequently, the court held that the application could not be proceeded with. The application was therefore dismissed for default due to non‑prosecution.

Issues considered

Whether the criminal miscellaneous application should be dismissed for default due to the petitioners' failure to appear and lack of interest in prosecution?

Subjects

Criminal Procedure
Default Judgment
Dismissal
Non‑prosecution
High Court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.9433 of 2018
                         Arising Out of PS. Case No.-5 Year-2016 Thana- MAHILA P.S. District- Patna
                   ======================================================
              1.    Samir Verma Son of Munna Verma.
              2.   Anand Verma Son Munna Verma.
              3.   Munna Verma Son of Late Baijnath Prasad Verma.
              4.   Lajwanti Devi Wife of Sri Munna Verma,
                   All are Resident of Mohalla;- Exhibition Road, Shiv Kunj Apartment, 2 nd
                   Floor, P.S. Gandhi Maidan, District Patna.
                                                                          ... ... Petitioner/s
                                                      Versus
              1.   The State of Bihar.
              2.    Smt. Shiwani Verma Wife of Sri Samir Verma, Daughter of Sri Shiv Nath
                    Kumar, at present Resident of Mohalla;- Nala Road, P.S. & P.S. Kadamkuan,
                    District Patna.
                                                                         ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr.Ashok Kumar
                   For the Opposite Party/s :       Mr.Sri Surendra Prasad Singh
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                         ORAL ORDER

6     23-03-2026                  No one is present on behalf of the petitioners,

                     however, learned A.P.P. for the State is present.

                                  2. On the previous dates also no one was present on

                     behalf of the petitioners and the case was adjourned.

                                  3. Since the petitioners have no interest to pursue this

                     matter which is of the year 2018, accordingly, the present Cr.

                     Misc. Application stands dismissed for default due to non-

                     prosecution.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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