Radhe Mahaseth Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Radhe Mahaseth Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Restoration of Criminal Revision No. 196 of 2020 to its original number, subject to removal of the office-pointed defect(s) within four weeks and payment of cost of Rs.2,000/- to the Patna High Court Legal Services Committee under the head “Legal Aid”; failing removal, the revision shall again stand dismissed for default and non-prosecution.

Issue for consideration

Whether the petition for restoration of Criminal Revision No. 196 of 2020, dismissed for default and non-prosecution vide order dated 09.10.2025 for failure to remove defects, should be allowed. +1 more

Court's answer

The present restoration petition is allowed and Criminal Revision No. 196 of 2020 is restored to its original number.

Ratio / Principle

Since the notice sent through registered post was received by the brother of Opposite Party No. 2, service of notice upon Opposite Party No. 2 is deemed validly served.

Key takeaways

Restoration is subject to the petitioner removing the office-pointed defect(s) within four weeks, coupled with payment of cost of Rs.2,000/- to the Patna High Court Legal Services Committee under the head “Legal Aid”.ratio¶¶19
It is clarified that if the matter remains unattended and the defect is not removed in Cr. Rev. No. 196 of 2020, the same would again be dismissed for default and non-prosecution.obiter¶¶20

Detailed headnote1 paragraphs

Restoration of revision dismissed for default — Patna High Court (Jitendra Kumar, J.; order dated 23-03-2026) allowed the petition (Cr. Misc. No.4825 of 2026) for restoration of Criminal Revision No.196 of 2020, which had been dismissed for default and non-prosecution vide order dated 09.10.2025 on the petitioner's failure to remove office-pointed defects despite sufficient time. Service of notice on Opposite Party No. 2 (registered-post notice received by her brother) was deemed validly served. Restoration was granted subject to removal of the defect(s) within four weeks and payment of cost of Rs.2,000/- to the Patna High Court Legal Services Committee under the head “Legal Aid”, with a clarification that continued neglect would result in fresh dismissal for default and non-prosecution.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4825 of 2026

In

CRIMINAL REVISION No.196 of 2020

======================================================

Radhe Mahaseth, S/o- Sant Lal Mahato Resident Of Village- Mehsoul PsRunnisaidpur District- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

Punita Devi, W/o- Radhe Mahaseth, R/V- Mehsoul, P.S- Runnisaidpur DistSitamarhi, R/v- SAngram Fandah P.S.- Riga Dist- Sitamarhi

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Jha, Advocate. For the State : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

3 23-03-2026 Notice sent through registered post has been received

by brother of Opposite Party No. 2. Hence, service of notice issued upon Opposite Party No. 2 is deemed to be validly served.

The present petition has been preferred for restoring the Criminal Revision No. 196 of 2020 which was dismissed for default and for non-prosecution, vide order dated 09.10.2025, because despite sufficient time granted to the petitioner, he had failed to remove the defect(s) as pointed out by the office.

However, learned counsel for the petitioner submits that he will remove the defect(s) as pointed out by the office and he will keep attending the matter without fail.

Patna High Court CR. MISC. No.4825 of 2026(3) dt.23-03-2026 2/2

Hence, the present petition is allowed restoring Cr.

Rev. No. 196 of 2020 to its original number.

The petitioner is given four weeks time for removing the defect(s) as pointed out by the office subject to payment of cost of Rs.2,000/- payable to Patna High Court Legal Services Committee under the head “Legal Aid”.

It is clarified that if the matter is still unattended and the defect is not removed by the petitioner in Cr. Rev. No. 196 of 2020, the same would be again dismissed for default as well as for non-prosecution.

(Jitendra Kumar, J)

S.Ali/-

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