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Patna High Court

Satrughan JhaversusThe State of Bihar

Decided
Disposal
ALLOWED

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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