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Patna High Court

DINESH YADAVversusTHE STATE OF BIHAR

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The petition is dismissed for non‑prosecution due to the absence of a surrender certificate on record.

Summary

The petitioners, Dinesh Yadav, Nirmal Yadav and Niranjan Yadav, filed a criminal revision seeking relief but failed to surrender as required under the High Court Rules. The court noted that the petitioners neither filed a surrender certificate nor applied for exemption from filing one, despite being given ample time. Consequently, the court held that the petition could not be maintained without the surrender certificate. The judgment dismissed the petition on the ground of non‑prosecution. No other substantive issues were addressed.

Issues considered

  • Is a criminal revision maintainable when the petitioners have not filed a surrender certificate or applied for exemption as required by the High Court Rules?

Subjects

  • surrender certificate
  • criminal revision
  • non‑prosecution
  • maintainability
  • High Court Rules

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                         CRIMINAL REVISION No.400 of 2021
                     Arising Out of PS. Case No.-109 Year-2006 Thana- HASANPUR District- Samastipur
                  ======================================================
            1.     Dinesh Yadav, Son of Late Aklu Yadav, resident of Village Bargaon, P.S.
                   Hasanpur, District - Samastipur.
            2.    Nirmal Yadav, Son of Late Aklu Yadav, resident of Village Bargaon, P.S.
                  Hasanpur, District - Samastipur.
            3.    Niranjan Yadav, Son of Sri Dinesh Yadav, resident of Village Bargaon, P.S.
                  Hasanpur, District - Samastipur.
                                                                            ... ... Petitioner/s
                                                   Versus
                  The State Of Bihar

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s      :      Mr. Shambhu Sharan Singh, Advocate.
                  For the State             :      Mr. Upendra Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                        ORAL ORDER
12   27-01-2026                     Learned counsel for the petitioners and learned APP

                    for the State are present.

                                  2. The matter is pending for filing surrender

                    certificate. However, the petitioners have not surrendered till

                    date and, hence, they have not filed surrender certificate.

                                  3. At some point in time, learned counsel for the

                    petitioners has taken some time to file application for exemption

                    from filing surrender certificate, but despite sufficient time

                    given to the petitioners, they have not filed any application for

                    exemption from surrender nor have they filed surrender

                    certificate.

                                  3. As such, the present petition is not maintainable for
              Patna High Court CR. REV. No.400 of 2021(12) dt.27-01-2026
                                                          2/2




                        want of surrender certificate on record as per requirement by

                        High Court Rules.

                                     4. Hence, the present petition is dismissed for non

                        prosecution.



                                                                       (Jitendra Kumar, J)
S.Ali/-

U         T


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