Patna High Court

Dr. Smt. Renu SahversusThe State of Bihar

Decided: 6 February 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The Court held that the dismissal for non‑prosecution could be set aside and the case restored.

Summary

The petitioners, Dr. Renu Sah, Chandan Kumar and Sushil Rai, filed a petition in the Patna High Court seeking restoration of Criminal Miscellaneous No. 69226 of 2018, which had been dismissed for non‑prosecution on 24 November 2025. The respondents were the State of Bihar and Upendra Nath Tiwary. The petitioners argued that the dismissal was premature and that the case should be reinstated for further investigation and trial. The Court examined the restoration application and the accompanying affidavit, finding no impediment to reviving the proceedings. Consequently, the Court ordered that the dismissed case be restored to its original file and allowed the restoration application.

Issues considered

Whether a criminal miscellaneous case dismissed for non‑prosecution can be restored to the original file.

Subjects

restoration of criminal proceedings
non‑prosecution dismissal
criminal miscellaneous case
Patna High Court
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3163 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.69226 of 2018
                   Arising Out of PS. Case No.-262 Year-2016 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
           1.     Dr. Smt. Renu Sah W/O Chandan Kumar R/O Village/Mohalla- Mohanpur
                  Road under Town PS, District- Samastipur.
           2.    Chandan Kumar S/O Gopalji Prasad R/O Village/Mohalla- Mohanpur Road
                 under Town PS, District- Samastipur.
           3.    Sushil Rai @ Sushil Kumar S/O Sitaram Yadav R/O Village/Mohalla-
                 Mohanpur Road under Town PS, District- Samastipur.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Upendra Nath Tiwary S/O Sri Jagarnath Tiwary R/O Village- Dadhpura, P.S-
                 Samastipur Muffasil, Distt.- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr.Subodh Kumar, Advocate

                 For the Opposite Party/s :       Mr.Upendra Kumar, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-02-2026                     Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                                 2. The petitioners       seek      restoration of Cr. Misc.

                   No.69226/2018 which stood dismissed for non-prosecution vide

                   order dated 24.11.2025.

                                 3. In view of the information and pleadings made in

                   the restoration application and the affidavit, the Cr. Misc. No.
           Patna High Court CR. MISC. No.3163 of 2026(2) dt.06-02-2026
                                                       2/2




                     No.69226/2018 is restored to its original file.

                                  4. The restoration application stands allowed.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T

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