Patna High Court

Ram Sevak YadavversusThe State of Bihar

Decided: 24 April 2026
Disposal: ALLOWED
Bench: PRABHAT KUMAR SINGH

Holding

A criminal miscellaneous proceeding dismissed for non‑prosecution may be restored upon the petitioner’s compliance with the condition of depositing Rs 5,000 with the High Court Legal Services Committee.

Summary

The petitioner, Ram Sevak Yadav, filed a petition seeking restoration of Criminal Miscellaneous No. 18551 of 2025, which had been dismissed on 12 March 2026 for non‑prosecution. The High Court examined whether a dismissed criminal proceeding could be revived under the applicable procedural law. Accepting the reasons set out in the restoration petition, the Court ordered that the case be restored, subject to the petitioner depositing Rs 5,000 with the Patna High Court Legal Services Committee. The restoration restores the case to its original file for further prosecution. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

Whether a criminal miscellaneous proceeding dismissed for non‑prosecution can be restored under law
Whether the petitioner must fulfill any condition, such as a monetary deposit, for restoration

Subjects

restoration of criminal proceedings
non‑prosecution
criminal miscellaneous case
High Court order
deposit condition

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.28784 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.18551 of 2025
                     Arising Out of PS. Case No.-282 Year-2024 Thana- PHULPARAS District- Madhubani
                  ======================================================
                  Ram Sevak Yadav Son of Late Sukh Dev Yadav R/o - Salempur, P.S - Bisfi,
                  District - Madhubani

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ashok Kumar Alias Ashok Karn, Advocate
                  For the Opposite Party/s :       Mr. Rajiv Nayan, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    24-04-2026                  Heard learned counsel for the petitioner and learned
                    A.P.P. for the State.
                                 2. The present petition has been filed for restoration of
                    Cr. Misc. No. 18551 of 2025, which stood dismissed on
                    12.03.2026, due to non-prosecution.
                                 3. Reasons, mentioned in the restoration petition, are
                    accepted and this restoration petition is allowed, subject to
                    condition that petitioner shall deposit Rs. 5,000/- (Five
                    thousand) in the office of Patna High Court Legal Services
                    Committee, Patna.
                                 4. Let Cr. Misc. No. 18551 of 2025 be restored to its

                    original file.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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