Patna High Court
Radhe MahasethversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- JITENDRA KUMAR
Holding
The petition is allowed, restoring Criminal Revision No. 196 of 2020 to its original number.
Summary
The petitioner, Radhe Mahaseth, filed a petition seeking restoration of Criminal Revision No. 196 of 2020, which had been dismissed for default and non‑prosecution. The court held that the notice served on the opposite party’s brother was validly served. The petitioner’s counsel assured that the defects pointed out by the court would be remedied. Accordingly, the court allowed the petition, restoring the revision to its original number and granting four weeks to cure the defects, subject to a cost of Rs.2,000 payable to the Legal Services Committee. The court warned that failure to remove the defects would result in another dismissal for default.
Issues considered
- Whether the notice served on the opposite party is valid for the purpose of the petition.
- Whether a criminal revision dismissed for default can be restored upon the petitioner’s undertaking to cure the defects.
Subjects
- criminal revision
- default dismissal
- restoration of proceedings
- service of notice
- legal aid cost
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4825 of 2026
In
CRIMINAL REVISION No.196 of 2020
======================================================
Radhe Mahaseth, S/o- Sant Lal Mahato Resident Of Village- Mehsoul Ps-
Runnisaidpur District- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Punita Devi, W/o- Radhe Mahaseth, R/V- Mehsoul, P.S- Runnisaidpur Dist-
Sitamarhi, R/v- SAngram Fandah P.S.- Riga Dist- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate.
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 23-03-2026 Notice sent through registered post has been received
by brother of Opposite Party No. 2. Hence, service of notice
issued upon Opposite Party No. 2 is deemed to be validly
served.
2. The present petition has been preferred for restoring
the Criminal Revision No. 196 of 2020 which was dismissed for
default and for non-prosecution, vide order dated 09.10.2025,
because despite sufficient time granted to the petitioner, he had
failed to remove the defect(s) as pointed out by the office.
3. However, learned counsel for the petitioner submits
that he will remove the defect(s) as pointed out by the office and
he will keep attending the matter without fail.
Patna High Court CR. MISC. No.4825 of 2026(3) dt.23-03-2026
2/2
4. Hence, the present petition is allowed restoring Cr.
Rev. No. 196 of 2020 to its original number.
5. The petitioner is given four weeks time for
removing the defect(s) as pointed out by the office subject to
payment of cost of Rs.2,000/- payable to Patna High Court
Legal Services Committee under the head “Legal Aid”.
6. It is clarified that if the matter is still unattended
and the defect is not removed by the petitioner in Cr. Rev. No.
196 of 2020, the same would be again dismissed for default as
well as for non-prosecution.
(Jitendra Kumar, J)
S.Ali/-
U T
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