Patna High Court
Bolu Kunwar @ Bholu Kumar @ Subindra Kunwar @ Subin KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The order dismissing the appeal for non‑prosecution is not amenable to restoration.
Summary
The petitioner, Bolu Kunwar, filed a criminal miscellaneous application seeking restoration of Criminal Appeal (SJ) No.4492 of 2025, which had been dismissed for non‑prosecution on 23‑02‑2026. The dismissal arose because the appellant's counsel asserted he had no instructions and would no longer appear, leading the court to conclude that no one was representing the appellant. The petitioner argued that this was a misunderstanding and that the order should be set aside. The High Court examined whether an order of dismissal for non‑prosecution can be restored and held that it is not a suitable case for restoration. However, the Court noted that the dismissal does not bar the appellant from filing a fresh appeal for bail in the underlying case. Consequently, the application was disposed of with the observation that a fresh appeal may be preferred.
Issues considered
- Whether an order dismissing a criminal appeal for non‑prosecution can be restored under criminal procedure law
- Whether the dismissal of the appeal precludes the appellant from filing a fresh appeal for bail
Subjects
- restoration of appeal
- non‑prosecution
- criminal miscellaneous application
- fresh appeal
- bail
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29089 of 2026
In
CRIMINAL APPEAL (SJ) No.4492 of 2025
Arising Out of PS. Case No.-117 Year-2025 Thana- JALALPUR District- Saran
======================================================
Bolu Kunwar @ Bholu Kumar @ Subindra Kunwar @ Subin Kumar S/O
Bhuneshwar Kunwar R/O Village- Bangra Nadi, P.S- Jalalpur, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Amit Paswan S/O Lalan Paswan R/O Village- Karn Kudariya, P.S-
Mashrakh, Dist.- Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudarshan Kumar, Advocate
For the Opposite Party/s : Mr. Sadanand Paswan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 01-05-2026 Heard learned counsel for the appellant and learned
APP for the State.
2. The instant application has been filed praying for
restoration of Cr. Appeal (SJ) no.4492 of 2025 which was
dismissed for non-prosecution by order dated 23.2.2026.
3. Learned counsel appearing for the appellant
submits that as a result of some misunderstanding between the
appellant and his counsel that statement was made by the
appellant’s counsel that he had no instructions in the case and
was no longer appearing therein leading to the dismissal of the
Patna High Court CR. MISC. No.29089 of 2026(2) dt.01-05-2026
2/3
appeal for want of prosecution.
4. The order dated 23.2.2026 dismissing Cr. Appeal
(SJ) no.4492 of 2025 is reproduced herein below for ready
reference:
“Learned counsel for the
appellant, learned APP for the State
and learned counsel for the informant
are present.
2. Learned counsel for the
appellant submits that the appellant
has taken no objection and as such he
no longer appears in the case.
3. As no one appears on
behalf of the appellant, the appeal is
dismissed for non-prosecution.”
5. In view of the categorical assertion by learned
counsel for the appellant which was recorded in the order dated
23.2.2026, quoted herein above, it was not a case of the counsel
not appearing in the case leading to its dismissal.
6. In view of the nature of order passed, in the opinion
of the Court, this is not a case for restoration of Cr. Appeal (SJ)
no.4492 of 2025.
7. However, it may be observed that the order dated
23.2.2026 passed in Cr. Appeal (SJ) no.4492 of 2025 will not
come in way of the appellant in preferring a fresh appeal for
Patna High Court CR. MISC. No.29089 of 2026(2) dt.01-05-2026
3/3
grant of bail in connection with Jalalpur P.S. Case no.117 of
2025.
8. The application stands disposed off with the above
observations.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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