Patna High Court
Surendra Kumar SrivastavaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the restoration of the dismissed criminal miscellaneous case subject to a monetary deposit.
Summary
Surendra Kumar Srivastava filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No. 6114 of 2019, which had been dismissed on 31 July 2024 for non-prosecution. The petitioner argued that there were sufficient reasons to revive the proceedings. The Court examined the reasons submitted and, finding them satisfactory, allowed the restoration subject to the petitioner depositing Rs. 5,000 with the High Court Legal Services Committee. The order directed that the case be restored to its original file and that the office verify and proceed with the matter. Consequently, the criminal proceeding against the accused was reinstated.
Issues considered
- Whether the dismissal of Criminal Miscellaneous No. 6114 of 2019 for non-prosecution can be set aside and the case restored?
Subjects
- restoration of criminal proceedings
- non-prosecution
- criminal miscellaneous case
- Patna High Court
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77319 of 2025
In
CRIMINAL MISCELLANEOUS No.6114 of 2019
Arising Out of PS. Case No.-134 Year-2017 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Surendra Kumar Srivastava S/O Late Tileshwar Prasad R/O Mohalla - Dak
Bunglo Road, Anwarpur, P.O And P.S - Hajipur, District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Lokesh Pandey S/O Late Yamuna Prasad Pandey R/O Mohalla- Dharmraj,
P.S- Bhagwarnpur Hat, Distt.- Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rajeev Ranjan, Advocate
Mr. Vishura Shri Rajendra, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. This application has been filed for restoration of Cr.
Misc. No. 6114 of 2019, which stood dismissed on 31.07.2024
due to non-prosecution.
3. In view of the reasons assigned in the petitioner,
this restoration application is allowed, subject to condition that
petitioners shall deposit a sum of Rs. 5,000/- (Five Thousand
Rupees) in the Office of Patna High Court Legal Services
Committee, Patna.
4. Accordingly, let Cr. Misc. No. 6114 of 2019 be
Patna High Court CR. MISC. No.77319 of 2025(2) dt.25-03-2026
2/2
restored to its original file.
5. Office is directed to verify and proceed further.
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.