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Patna High Court

Radhe MahasethversusThe State of Bihar

Decided
Disposal
ALLOWED

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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