Patna High Court
Rajesh Yadav @ Rajesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the criminal miscellaneous case shall be restored to its original file subject to a deposit of Rs 10,000.
Summary
Four petitioners filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No. 53911 of 2025, which had been dismissed on 19 January 2026 for non‑prosecution. The petitioners submitted reasons for restoration, and the State was represented by an Assistant Public Prosecutor. The Court examined the petitioners' reasons and exercised its inherent power to restore the dismissed proceeding. It allowed the restoration on the condition that the petitioners deposit Rs 10,000 with the High Court Legal Services Committee. Consequently, the dismissed case was ordered to be restored to its original file and the Office directed to verify and proceed further.
Issues considered
- Whether a criminal miscellaneous proceeding dismissed for non‑prosecution may be restored upon application of the petitioners
- Whether imposing a monetary deposit as a condition for restoration is permissible
Subjects
- restoration of proceedings
- criminal miscellaneous case
- non‑prosecution
- High Court order
- conditional deposit
- legal services
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16161 of 2026
In
CRIMINAL MISCELLANEOUS No.53911 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- Charkapathar District- Jamui
======================================================
1. Rajesh Yadav @ Rajesh Kumar Yadav S/o-Prem Yadav R/v- Asarahua Po-
Sono Ps- Charkapatthar Dist- Jamui
2. Jay Prakash Yadav @ Prakash Yadav S/o- Guhan Yadav R/v- Asarahua Po-
Sono Ps- Charkapatthar Dist- Jamui
3. Prem Yadav S/o- Mohan Yadav R/v- Asarahua Po- Sono Ps- Charkapatthar
Dist- Jamui
4. Vrun Kumar @ Navgyan Kumar @ Barun Deo Yadav S/o- Krishnadev
Yadav R/v- Asarahua Po- Sono Ps- Charkapatthar Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Rajesh Kumar Sinha, Advocate
For the State : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. This application has been filed for restoration of Cr.
Misc. No. 53911 of 2025, which stood dismissed on 19.01.2026
due to non-prosecution.
3. In view of the reasons assigned in the petitioner,
this restoration application is allowed, subject to condition that
petitioners shall deposit a sum of Rs. 10,000/- (Ten Thousand
Rupees) in the Office of Patna High Court Legal Services
Committee, Patna.
Patna High Court CR. MISC. No.16161 of 2026(2) dt.11-03-2026
2/2
4. Accordingly, let Cr. Misc. No. 53911 of 2025 be
restored to its original file.
5. Office is directed to verify and proceed further.
(Prabhat Kumar Singh, J)
shashank/-
U T
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