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Patna High Court

M/S Darsh Digital Network Private LimitedversusThe State of Bihar

Decided
Disposal
ALLOWED

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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