Patna High Court

Sikandar Sao @ Sikandar Kumar Sao @ Sikendar GuptaversusThe State of Bihar

Decided: 13 March 2026
Disposal: ALLOWED
Bench: PURNENDU SINGH

Holding

A criminal miscellaneous case dismissed for non‑prosecution may be restored if the petitioner files a proper restoration application supported by an affidavit.

Summary

The petitioner, Sikandar Sao, filed an application seeking restoration of Criminal Miscellaneous No. 60044 of 2025, which had been dismissed for non‑prosecution on 5 December 2025. The petitioner submitted an affidavit and pleaded that the case should be reinstated. The Court examined the information, pleadings, and the affidavit filed with the restoration application. Finding that the requirements for restoration were satisfied, the Court ordered that the dismissed case be restored to its original file. Consequently, the restoration application was allowed, and the case was reinstated.

Issues considered

Whether a criminal miscellaneous case dismissed for non‑prosecution can be restored upon the filing of a restoration application supported by an affidavit.

Subjects

criminal procedure
restoration of proceedings
non‑prosecution
criminal miscellaneous case
section 321 CrPC

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.15245 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.60044 of 2025
                        Arising Out of PS. Case No.-563 Year-2024 Thana- RAJAOLI District- Nawada
                  ======================================================
                  Sikandar Sao @ Sikandar Kumar Sao @ Sikendar Gupta S/O Chitavan Saw
                  R/O Vill- Baratand, P.S.- Rajauli, Dist.- Nawada
                                                                          ... ... Petitioner/s
                                                      Versus
                  The State of Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Akhilesh Kumar, Advocate
                  For the Opposite Party/s :       Mr. Ram Sevak Choudhary, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    13-03-2026                          Heard Mr. Akhilesh Kumar, learned counsel

                    appearing on behalf of the petitioner and Mr. Ram Sevak

                    Choudhary, learned APP for the State.

                                 2. The petitioner seeks restoration of Cr. Misc.

                    No.60044 of 2025 which stood dismissed for non-prosecution

                    vide order dated 05.12.2025.

                                 3. In view of the information and pleadings made in

                    the restoration application and the affidavit, the Cr. Misc. No.

                    No. 60044 of 2025 is restored to its original file.

                                 4. The restoration application stands allowed.



                                               (Purnendu Singh, J)
Niraj/-
U       T

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