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2026 DAILYLAW 41839 (PAT)

Devesh Kumar @ Devesh Kumar Srivastava v. The State of Bihar

CR. MISC./948/2026 · 2026-02-09

Sandeep Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.948 of 2026 In CRIMINAL MISCELLANEOUS No.41177 of 2018 Arising Out of PS. Case No.-529 Year-2017 Thana- SHASTRINAGAR District- Patna ====================================================== Devesh Kumar @ Devesh Kumar Srivastava S/o- Suresh Prasad Srivastava R/v- Newton Garden Apartment Dist- Patna ... ... Petitioner/s Versus 1. The State of Bihar 2. The Special Judge, Excise Act Shastri Nagar, Patna, Bihar 3. Arun Kumar Thakur S/o- Late Ram Janam Thakur R/o- Jai Prakash Nagar, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 09-02-2026 None appears on behalf of the petitioner. However, learned Additional Public Prosecutor for the State is present. 2. The present restoration application has been filed for restoration of Criminal Miscellaneous No. 4477 of 2018, which stood dismissed for non-prosecution by order dated 21.04.2025. 3. Earlier also the application for restoration of Cr. Misc. No.41177 of 2018 of the petitioner was dismissed for non- prosecution on 18.04.2024. 4. Today also none has appeared on behalf of the petitioner in this restoration application. It seems that the Patna High Court CR. MISC. No.948 of 2026(2) dt.09-02-2026 2/2 petitioner is not interested in prosecuting his case. The prayer in the main quashing application is for quashing of F.I.R. in connection with Shashtri Nagar P.S. Case No.529 of 2017. 5. Accordingly, this application is dismissed with liberty to the petitioner to raise all the grounds at an appropriate stage, if charge-sheet has been filed. mdrashid/- (Sandeep Kumar, J) U T