Created by Fuzzy Cloud

Patna High Court

Vivek Thakur @ Vivek Kumar ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The court disposed of the present application as withdrawn, reiterating that a second anticipatory bail application is not the correct procedural step.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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.