Patna High Court
Sanjeev Nayak @ Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court restored Criminal Miscellaneous No. 7886 of 2025 to its original file, subject to the petitioner depositing Rs. 5,000 with the High Court Legal Services Committee.
Summary
Petitioner Sanjeev Nayak filed an application seeking restoration of Criminal Miscellaneous No. 7886 of 2025, which had been dismissed on 02-09-2025 for non‑prosecution. The petitioner argued that the dismissal was premature and requested the case be reinstated. The High Court examined whether a dismissed criminal miscellaneous proceeding could be revived despite the lapse in prosecution. The Court held that restoration was permissible, subject to the petitioner depositing Rs. 5,000 with the Patna High Court Legal Services Committee. Consequently, the Court ordered that the case be restored to its original file and directed the office to verify and proceed further.
Issues considered
- Whether a criminal miscellaneous case dismissed for non‑prosecution can be restored.
- Whether the court may impose a monetary condition for restoration.
Subjects
- restoration of criminal case
- non‑prosecution
- criminal miscellaneous proceedings
- condition precedent
- legal services committee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11902 of 2026
In
CRIMINAL MISCELLANEOUS No.7886 of 2025
Arising Out of PS. Case No.-459 Year-2022 Thana- COMPLAINT CASE District-
Kishanganj
======================================================
Sanjeev Nayak @ Sanjeev Kumar son of Late Ramdev Nayak Resident of
Village -Suriyari Tola, Post and PS- Pratapganj District- Supaul State- Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Kumari Wife of Sanjeev Nayak @ Sanjeev Kumar Resident of
Village -Suriyari Tola, Post and PS- Pratapganj District- Supaul State- Bihar
At present Residing in Danghibasti Road, Ward no. 12, Post and Ps and
Dist- Kishanganj,
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Kuldeep Kumar, Advocate
For the State : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 25-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. This application has been filed for restoration of Cr.
Misc. No. 7886 of 2025, which stood dismissed on 02.09.2025
due to non-prosecution.
3. In view of the reasons assigned in the petitioner,
this restoration application is allowed, subject to condition that
petitioner shall deposit a sum of Rs. 5,000/- (Five Thousand
Rupees) in the Office of Patna High Court Legal Services
Committee, Patna.
Patna High Court CR. MISC. No.11902 of 2026(3) dt.25-03-2026
2/2
4. Accordingly, let Cr. Misc. No. 7886 of 2025 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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