Patna High Court

RAKESH KUMAR @ CHHOTU @ RAJESH KUMAR RANJANversusThe State of Bihar

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

Holding

The petition is dismissed for non‑prosecution due to the petitioner’s failure to appear.

Summary

The petitioner, Rakesh Kumar, filed a criminal writ petition against the State of Bihar and several police officials. No counsel appeared for the petitioner throughout the proceedings, including the final hearing date. The respondent was represented by Advocate Md. Nadim Seraj. The court observed that the petitioner had lost interest in the case due to his non‑appearance. Consequently, the High Court dismissed the petition on the ground of non‑prosecution. The order was pronounced by Justice Arun Kumar Jha.

Issues considered

Whether a criminal writ petition may be dismissed for non‑prosecution when the petitioner fails to appear before the court

Subjects

criminal writ
non‑prosecution
petition dismissed
high court
absence of petitioner

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Writ Jurisdiction Case No.788 of 2022
                       Arising Out of PS. Case No.-91 Year-2015 Thana- KHAGARIA District- Khagaria
                   ======================================================
                   Rakesh Kumar @ Chhotu @ Rajesh Kumar Ranjan Son of Kaushal Kishore
                   Keshri @ Kaushal Kishor Resident of Village- Gulab Nagar, P.S.- Chitragupt
                   Nagar, District- Khagaria.
                                                                             ... ... Petitioner
                                                   Versus
              1.    The State of Bihar
              2.   The Director General Of Police, Bihar, Patna Bihar
              3.   The Superintendent Of Police, Khagaria Bihar
              4.   The Deputy Superintendent Of Police, Khagaria Bihar
              5.   The Officer In Charge Of Khagaria (Chitragupt Nagar) Police Station Bihar
              6.   Sulekha Devi Wife Of Late Shambhu Yadav Resident Of Jay Prakash Nagar,
                   P.S. And District- Khagaria, At Present Residing At Gulab Nagar, P.S.-
                   Chitragupt Nagar, P.S.- Khagaria

                                                             ... ... Respondents
                   ======================================================
                   Appearance :
                   For the Petitioner/s   :        None
                   For the Respondent/s   :        Mr. Md. Nadim Seraj, Advocate
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                         ORAL ORDER

5   13-01-2026                      On call, no one appears on behalf of the petitioner.

                                    2. Perusal of record shows even on the last date of

                     hearing no one appeared on behalf of the petitioner. It seems the

                     petitioner has lost interest in his case.

                                    3. Hence, the present petition is dismissed for non-

                     prosecution.


                                                               (Arun Kumar Jha, J)

Shahnawaz/-
U     T

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