Patna High CourtCR. MISC./29089/2026disposed

Bolu Kunwar @ Bholu Kumar @ Subindra Kunwar @ Subin Kumar v. The State Of Bihar

2026-05-01Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29089 of 2026 In CRIMINAL APPEAL (SJ) No.4492 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- JALALPUR District- Saran ====================================================== Bolu Kunwar @ Bholu Kumar @ Subindra Kunwar @ Subin Kumar S/O Bhuneshwar Kunwar R/O Village- Bangra Nadi, P.S- Jalalpur, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar 2.

Amit Paswan S/O Lalan Paswan R/O Village- Karn Kudariya, P.SMashrakh, Dist.- Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudarshan Kumar, Advocate For the Opposite Party/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-05-2026 Heard learned counsel for the appellant and learned APP for the State.

2. The instant application has been filed praying for restoration of Cr. Appeal (SJ) no.4492 of 2025 which was dismissed for non-prosecution by order dated 23.2.2026.

3. Learned counsel appearing for the appellant submits that as a result of some misunderstanding between the appellant and his counsel that statement was made by the appellant's counsel that he had no instructions in the case and was no longer appearing therein leading to the dismissal of the

Patna High Court CR. MISC. No.29089 of 2026(2) dt.01-05-2026 2/3 appeal for want of prosecution.

4. The order dated 23.2.2026 dismissing Cr. Appeal (SJ) no.4492 of 2025 is reproduced herein below for ready reference:

"Learned counsel for the appellant, learned APP for the State and learned counsel for the informant are present.

2. Learned counsel for the appellant submits that the appellant has taken no objection and as such he no longer appears in the case.

3. As no one appears on behalf of the appellant, the appeal is dismissed for non-prosecution."

5. In view of the categorical assertion by learned counsel for the appellant which was recorded in the order dated 23.2.2026, quoted herein above, it was not a case of the counsel not appearing in the case leading to its dismissal.

6. In view of the nature of order passed, in the opinion of the Court, this is not a case for restoration of Cr. Appeal (SJ) no.4492 of 2025.

7. However, it may be observed that the order dated 23.2.2026 passed in Cr. Appeal (SJ) no.4492 of 2025 will not come in way of the appellant in preferring a fresh appeal for

Patna High Court CR. MISC. No.29089 of 2026(2) dt.01-05-2026 3/3 grant of bail in connection with Jalalpur P.S. Case no.117 of 2025.

8. The application stands disposed off with the above observations.

(Partha Sarthy, J) sauravkrsinha/- U T