Patna High Court

Sanjay SinghversusThe State of Bihar

Decided: 25 March 2026
Disposal: ALLOWED
Bench: PRABHAT KUMAR SINGH

Holding

The High Court restored the dismissed criminal miscellaneous case, subject to the petitioner depositing Rs.10,000 with the Legal Services Committee.

Summary

Petitioner Sanjay Singh filed an application seeking restoration of Criminal Miscellaneous No. 67130 of 2022, which had been dismissed on 22-12-2022 for non‑prosecution. The High Court examined the reasons furnished by the petitioner for the lapse. The Court held that the dismissal could be set aside and allowed the restoration of the case, imposing a condition that the petitioner deposit Rs.10,000 with the Patna High Court Legal Services Committee. Upon compliance, the case was to be restored to its original file and the court office directed to verify and proceed further. The order effectively reinstated the criminal proceedings against the State of Bihar.

Issues considered

What is the appropriate remedy when a criminal miscellaneous case is dismissed for non‑prosecution?
Can the High Court restore such a dismissed case subject to a monetary condition?

Subjects

restoration of criminal proceedings
non‑prosecution dismissal
criminal miscellaneous case
condition precedent
legal services committee

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17254 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.67130 of 2022
                      Arising Out of PS. Case No.-58 Year-2022 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Sanjay Singh S/o Late Krishna Singh R/o - Dakkanpura Babu Bazar, P.S -
                 Gardanibagh, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Rakesh Bihari Singh, Advocate
                 For the State           :        Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   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. 67130 of 2022, which stood dismissed on 22.12.2022

                   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. 10,000/- (Ten Thousand

                   Rupees) in the Office of Patna High Court Legal Services

                   Committee, Patna.

                                4. Accordingly, let Cr. Misc. No. 67130 of 2022 be

                   restored to its original file.
             Patna High Court CR. MISC. No.17254 of 2026(2) dt.25-03-2026
                                                         2/2




                                    5. Office is directed to verify and proceed further.




                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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