Patna High Court

Manish Kumar DasversusThe State of Bihar

Decided: 5 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: ANSHUMAN

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Manish Kumar Das, filed a civil writ petition before the Patna High Court. The petitioner failed to appear at the scheduled hearing on 16 January 2026 and again on 5 February 2026 despite repeated calls. The respondent, the State of Bihar, was represented by the Government Pleader. The court observed that the petitioner appeared disinterested in pursuing the case and could not remove procedural defects. Consequently, the court dismissed the petition on the ground of non‑prosecution.

Issues considered

Can the High Court dismiss a civil writ petition for non‑prosecution when the petitioner fails to appear and does not remedy procedural defects?

Subjects

non-prosecution
dismissal
civil writ jurisdiction
procedural default
court procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.1887 of 2026
                 ======================================================
                 Manish Kumar Das

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Nonne
                 For the Respondent/s   :        Mr. Government Pleader (19)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   05-02-2026                   Upon repeated calls, no one appears on behalf of the

                   petitioner. However, learned counsel for the State is present.

                               2. It transpires that this case was listed on 16.01.2026

                   before the J.R. (Judicial). On that very day also, no one was

                   appeared and time was granted to remove the defects but defect

                   could not be removed. Today also, on repeated calls, no one

                   appears even for adjournment in this case.

                               3. As such, this Court is of the firm view that

                   petitioner is not interested to pursue this case. Hence, this Court

                   has no option but to dismiss this case due to non-prosecution.

                   Accordingly, this application is dismissed for non-prosecution.



                                                                      (Dr. Anshuman, J)
    Mkr./-

U

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