Patna High Court

Bhola KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: D.F.D. FOR NON APPEARANCE
Bench: SATYAVRAT VERMA

Holding

The petition is dismissed for non‑prosecution.

Summary

Bhola Kumar filed a criminal miscellaneous petition against the State of Bihar arising from a police case. No counsel appeared for the petitioner, while the State was represented by Advocate Shyameshwar Dayal. The Hon'ble Justice Satyavrat Verma observed that there was no prosecution instituted against the petitioner. Consequently, the court dismissed the petition on the ground of non‑prosecution. The dismissal effectively closed the proceedings without any substantive adjudication on the merits.

Issues considered

What is the appropriate course of action when no prosecution is instituted against the petitioner in a criminal miscellaneous petition?

Subjects

criminal procedure
non‑prosecution
petition dismissal
high court
absence of counsel

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9742 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.51804 of 2025
                      Arising Out of PS. Case No.-98 Year-2025 Thana- MEHSI District- East Champaran
                  ======================================================
                  Bhola Kumar S/o Satyanarayan Rai @ Satyanarayan Ray Resident of village -
                  Rampur Shankar, P.S.- Mehsi, Distt.- East Champaran

                                                                                    ... ... Petitioner/s
                                                         Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None
                  For the Opposite Party/s :        Mr. Shyameshwar Dayal, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    06-02-2026                  1. No one appears on behalf of the petitioner.

                                 2. The learned APP for the State is present.

                                 3. The case is dismissed for non-prosecution.



                                                           (Satyavrat Verma, J)
Rishabh/-

U      T

Continue reading with your account

Checking your session…