Patna High Court
Vivek Thakur @ Vivek Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
A second anticipatory bail application is not permissible; the petitioner must file a restoration application to revive the dismissed case.
Summary
The petitioner, Vivek Thakur, filed an application seeking anticipatory bail in a criminal miscellaneous proceeding. Earlier, on 02‑07‑2025, the Patna High Court had dismissed his anticipatory bail application on the ground of non‑prosecution. The petitioner then filed a fresh anticipatory bail application, despite the court’s direction that the appropriate remedy was to file a restoration application to revive the dismissed case. The learned counsel for the petitioner sought to withdraw the present application and instead file a restoration petition. The court disposed of the present application as withdrawn, reiterating that a second anticipatory bail application is not the correct procedural step.
Issues considered
- Can a petitioner file a fresh anticipatory bail application after the earlier one was dismissed for non‑prosecution?
- What is the appropriate remedy for reviving a case dismissed for non‑prosecution?
Subjects
- anticipatory bail
- non‑prosecution
- restoration application
- criminal procedure
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5921 of 2026
Arising Out of PS. Case No.-1628 Year-2017 Thana- COMPLAINT CASE District- Jamui
======================================================
Vivek Thakur @ Vivek Kumar Thakur Son of Suresh Thakur Resident of
Village- Churhat, P.O. and P.S.- Sono, District- Jamui
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mamta Kumari D/o Ashok Kumar Resident of Village- Kewal, P.O. and P.S.-
Sono, District- Jamui, Mob. No. 9661474936
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikramadit
For the Opposite Party/s : Mr.Gulnar Begum
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed on behalf of
the petitioner renewing his prayer for anticipatory bail although
the order dated 02.07.2025 passed by this Court shows that the
said application was dismissed for non-prosecution. The proper
course for the petitioner is to file a restoration application rather
than filing a second anticipatory bail application.
3. In such a situation, the learned counsel for the
petitioner prays to withdraw the present application in order to
file a restoration application for the purposes of restoring the
present case which has been dismissed for non-prosecution.
Patna High Court CR. MISC. No.5921 of 2026(2) dt.06-02-2026
2/2
4. Accordingly, the present application is disposed of
as withdrawn with the liberty aforesaid.
(Soni Shrivastava, J)
devendra/-
U T
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