Patna High Court
M/S Darsh Digital Network Private LimitedversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court restored Criminal Miscellaneous No. 8516 of 2019 to its original file, allowing the petitioner's application.
Summary
M/S Darsh Digital Network Private Limited, through its directors, filed an application seeking restoration of Criminal Miscellaneous No. 8516 of 2019, which had been dismissed on 22-04-2025 for non-appearance and non-prosecution. The petitioner argued that the dismissal was premature and that the case should be reinstated for adjudication. The State of Bihar and the Income Tax authorities opposed the restoration, contending that procedural defaults justified the dismissal. Justice Sandeep Kumar examined whether a dismissal for non-appearance could be set aside on the basis of the petitioner's request. The Court allowed the restoration application, directing that the original case be restored to the file and listed before the appropriate bench. Consequently, the criminal proceedings will resume.
Issues considered
- Whether a criminal miscellaneous case dismissed for non-appearance and non-prosecution can be restored upon application of the petitioner.
Subjects
- restoration of criminal proceedings
- non-appearance
- procedural law
- criminal miscellaneous
- income tax
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24290 of 2026
In
CRIMINAL MISCELLANEOUS No.8516 of 2019
Arising Out of PS. Case No.-129 Year-2017 Thana- GOVERNMENT OFFICIAL COMP.
District- Patna
======================================================
1. M/S Darsh Digital Network Private Limited S/O Parmanand Yadav Having
its office at 2nd Floor, Suprabhat Building, CEAT Compound, Exhibition,
Road, Patna PS Kotwali, Distt.- Patna through its authorised signatiory
namely Nilesh Kumar Sinha resident of Flat No 501, Fifth Floor, Judges
Colony, Near Saguna More, Danapur, PS- Danapur, Distt.- Patna.
2. Susheel Kumar S/O Mahendra Roy R/O Flat No. 303, Mansarowar Garden,
Sundaram Apartment, near Boar Office, Opposite Hotel president, Fraser
Road, PS- Kotwali, Distt.- Patna the director of M/S Darsh Digital Network
Private Limited.
3. Nilesh Kumar Sinha S/O Parmanand Yadav R/O Flat No.-501, Fifth Floor,
Judge's Colony, near Saguna Morge, Danapur, P.S- Danapur, Distt.- Patna
the director of M/S Darsh Digital Network Private Limited.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Commissioner of income Tax, TDS Circle, Patna. Bihar
3. The Assistant Commissioner of Income Tax, TDS Circle, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul
For the Opposite Party/s : Mr. Arun Kumar Pandey
For the Income Tax : Mrs. Archana Sinha, Sr. Advocate
Mr. Alok Kumar, Advocate
Ms. Swarna Roy, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and the learned Senior Counsel appearing for the
Income Tax.
2. The present application has been filed seeking
restoration of Cr. Misc. No. 8516 of 2019, which was dismissed
Patna High Court CR. MISC. No.24290 of 2026(2) dt.10-04-2026
2/2
for non-appearance and non-prosecution on 22.04.2025.
3. For the reasons mentioned in the restoration
application, the same is allowed. Accordingly, Cr. Misc. No.
8516 of 2019 is restored to its original file.
4. Let the main case i.e., Cr. Misc. No. 8516 of 2019
be listed before the appropriate Bench in due course.
(Sandeep Kumar, J)
Shishir/-
U T
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