Patna High Court
DINESH YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- JITENDRA KUMAR
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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