Patna High Court

Manish KumarversusThe State of Bihar

Decided: 18 March 2026
Disposal: DISPOSED
Bench: RAJESH KUMAR VERMA

Holding

A criminal miscellaneous proceeding dismissed for non‑prosecution can be restored if the petitioner satisfies the court of sufficient cause.

Summary

Manish Kumar filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No. 5521 of 2026, which had been dismissed for non‑prosecution. The petitioner argued that the dismissal was erroneous and that the case should be reinstated. The court examined the procedural provisions governing restoration of dismissed criminal proceedings. Finding the petitioner's reasons sufficient, the court allowed the restoration and ordered that the case be placed back in its original file. The parallel application, Criminal Miscellaneous No. 16502 of 2026, was disposed of without further order.

Issues considered

Whether a criminal miscellaneous proceeding dismissed for non‑prosecution may be restored upon filing of a restoration petition?

Subjects

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

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.16502 of 2026
                                                In
                                CRIMINAL MISCELLANEOUS No.5521 of 2026
                   Arising Out of PS. Case No.-186 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                   ======================================================
                   Manish Kumar S/O Vijay Rai R/O Vill.- Madhepur @ Madhaipur, P.S.-
                   Dalsinghsarai, Dist.- Samastipur.

                                                                                   ... ... Petitioner/s
                                                        Versus
                   The State of Bihar

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :       Mr. Sunil Kumar Yadav, Advocate
                   For the State           :       Mrs. Asha Devi, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                         ORAL ORDER

2     18-03-2026                      Heard Mr. Sunil Kumar Yadav, learned counsel for

                     the petitioner and Mrs. Asha Devi, learned APP for the State.

                                      2. This application has been filed for restoration of

                     Cr. Misc. No. 5521 of 2026 which stood dismissed for non-

                     prosecution.

                                      3. For the reasons stated in the restoration petition,

                     the prayer for restoration is allowed and Cr. Misc. No. 5521 of

                     2026 is restored to its original file.

                                    4. Cr. Misc. No. 16502 of 2026 stands disposed of.



                                                                  (Rajesh Kumar Verma, J)
Ibrar//-

U          T

Continue reading with your account

Checking your session…