Patna High Court

SUDARSHAN TIWARIversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: JITENDRA KUMAR

Holding

The petition is dismissed for default due to the petitioners' non‑appearance.

Summary

The petitioners Sudarshan Tiwari, Jharkande Tiwari and Umesh Tiwari filed a criminal writ petition (WJC No.504 of 2019) in the Patna High Court against the State of Bihar and several officials. No counsel appeared on behalf of the petitioners at the hearing on 13-01-2026, although the State's counsel, Mr. Uday Shankar Sharan Singh, was present. The Court warned that the petition would be dismissed for default if the petitioners failed to appear at the next date. The petitioners remained absent despite the caution. Consequently, the Court dismissed the petition for default, noting that it was still at the admission stage.

Issues considered

What is the appropriate consequence when petitioners fail to appear for a hearing in a criminal writ petition?

Subjects

writ jurisdiction
default
non‑appearance
petition dismissal
criminal writ

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.504 of 2019
                                    Arising Out of PS. Case No.- Year-0 Thana- District-
                 ======================================================
           1.     Sudarshan Tiwari Sons of Late Keshav Tiari, Resident of Village- Shivpur,
                  P.S.- Karghar (Now Kochas), District - Rohtas at Sasaram.
           2.    Jharkande Tiwari Son of Late Keshav Tiari, Resident of Village- Shivpur,
                 P.S.- Karghar (Now Kochas), District - Rohtas at Sasaram.
           3.    Umesh Tiwari Son of Late Keshav Tiari, Resident of Village- Shivpur, P.S.-
                 Karghar (Now Kochas), District - Rohtas at Sasaram.

                                                                                       ... ... Petitioner/s
                                                          Versus
           1.    The State of Bihar
           2.    The Sub-Divisional Officer, Sasaram Sasaram
           3.    The Executive Engineer, Road Division, Kochas, Road Construction
                 Department, Kochast, Rohtas District Rohtas.
           4.    The Assistant Engineer, Path Awar Pramandal, Kochas, District- Sasaram
                 Sasaram.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        None
                 For the State             :        Mr. Uday Shankar Sharan Singh, GP-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

5   13-01-2026                   Nobody is present on behalf of the petitioners,

                   however, learned G.P.-19 for the State is present.

                                 2. Even on the last date, the matter was unattended by

                   the petitioners and they were cautioned that if the matter goes

                   unattended by them on the next date, the present petition would

                   be dismissed for default, but despite such cautioning nobody is

                   present on behalf of the petitioners. Hence, it shows that the

                   petitioners are not interested to pursue their case.

                                 3. Accordingly, the present petition is dismissed for
           Patna High Court CR. WJC No.504 of 2019(5) dt.13-01-2026
                                                       2/2




                     default, because this petition is still at the stage of admission.



                                                                      (Jitendra Kumar, J.)
ravishankar/-

U      T

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