Patna High Court

RAMASHRAY SINGHversusThe State of Bihar

Decided: 20 January 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The High Court held that there was no illegality in the impugned order and dismissed the petitioner's application.

Summary

Ramashray Singh filed an application before the Patna High Court challenging an order dated 23.01.2019 passed by the 3rd Additional Sessions Judge, Rohtas, in Criminal Revision No. 232 of 2017 arising out of Miscellaneous Case No. 34 (M) of 2015. The petitioner contended that the order was ex‑parte and should be set aside. The High Court examined the impugned order and noted that the revisional court had already set aside the ex‑parte order of the learned Magistrate. The Court found no illegality in the order that had been upheld by the revisional court. Consequently, the application filed by the petitioner was dismissed.

Issues considered

What was the legality of the ex‑parte order passed by the Additional Sessions Judge?
Whether the revisional court correctly set aside the ex‑parte order?

Subjects

criminal procedure
ex‑parte order
revision
high court
dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.24974 of 2019
                                   Arising Out of PS. Case No.- Year-0 Thana- District-
                  ======================================================
                  RAMASHRAY SINGH Son of Nathuni Singh, Resident of Ward No. 1,
                  Babuganj, Resident of Village- Tilothu, P.S.- Tilotha, District- Rohtas at
                  Sasaram.
                                                                           ... ... Petitioner/s
                                                  Versus
            1.     The State of Bihar Bihar
            2.     Sukar Singh, Son of Puna Singh, Resident of Village- Babuganj, P.S.-
                   Tilathu, District- Rohtas at Sasaram.
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s             :        Mr.Rajive Ranjan Singh
                  For the Opposite Pa2019rty/s     :        Mr.Jharkhandi Upadhyay
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

4    20-01-2026                   Heard the parties.

                                2. This application has been filed on behalf of the

                    petitioner against the order dated 23.01.2019 passed by the 3rd

                    Additional Sessions Judge, Rohtas in connection with Criminal

                    Revision No. 232 of 2017 arising out of Misc. Case No. 34 (M)

                    of 2015.

                                3. Upon perusal of the impugned order, it appears that

                    the order of the learned Magistrate is an ex-parte order and the

                    same has rightly been set aside by the revisional Court.

                                4. In view of the above, I find no illegality in the

                    impugned order.

                                5. Accordingly, this application is dismissed.


                                                              (Sandeep Kumar, J)
Vikas/-

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