Patna High Court
Satrughan JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
A criminal miscellaneous proceeding dismissed for non‑prosecution may be restored upon satisfactory reasons and compliance with a monetary condition.
Summary
The petitioners, a group of individuals from Danda village, filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No. 50429 of 2016, which had been dismissed on 1 December 2022 on the ground of non‑prosecution. The issue before the court was whether the dismissed criminal proceeding could be revived. The court examined the reasons furnished by the petitioners and found them sufficient to merit restoration. It ordered that the case be restored to its original file, subject to the petitioners depositing a sum of Rs.10,000 with the High Court Legal Services Committee. The office was directed to verify the deposit and proceed with the restored proceedings.
Issues considered
- Whether a criminal miscellaneous proceeding dismissed for non‑prosecution can be restored
- Whether the court may impose a monetary condition for such restoration
Subjects
- criminal procedure
- restoration of proceedings
- non‑prosecution
- high court
- legal services deposit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80409 of 2024
In
CRIMINAL MISCELLANEOUS No.50429 of 2016
======================================================
1. Satrughan Jha Son of Late Janardhan Jha R/O Village- Danda, P.S.- Danda,
Dist.- Banka
2. Dhruvdeo Jha Son of Late Janardhan Jha R/O Village- Danda, P.S.- Danda,
Dist.- Banka
3. Gokul Jha Son of Late Janardhan Jha R/O Village- Danda, P.S.- Danda,
Dist.- Banka
4. Panchanan Jha Son of Late Janardhan Jha R/O Village- Danda, P.S.- Danda,
Dist.- Banka
5. Shrawan Jha Son of Late Janardhan Jha R/O Village- Danda, P.S.- Danda,
Dist.- Banka
6. Prince Vikram Son of Late Janardhan Jha R/O Village- Danda, P.S.- Danda,
Dist.- Banka
7. Chandan Kumar Jha Son of Late Janardhan Jha R/O Village- Danda, P.S.-
Danda, Dist.- Banka
8. Babi Jha Wife of Late Sakti Dev Jha R/O Village- Danda, P.S.- Danda, Dist.-
Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranjeet Choudhary Son of Rameshwar Choudhary R/O Village- Danda,
P.S.- Barh, Dist.- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Vijay Anand, Advocate
For the State : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 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. 50429 of 2016, which stood dismissed on 01.12.2022
due to non-prosecution.
Patna High Court CR. MISC. No.80409 of 2024(3) dt.25-03-2026
2/2
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. 10,000/- (Ten Thousand
Rupees) in the Office of Patna High Court Legal Services
Committee, Patna.
4. Accordingly, let Cr. Misc. No. 50429 of 2016 be
restored to its original file.
5. Office is directed to verify and proceed further.
(Prabhat Kumar Singh, J)
shashank/-
U T
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