Patna High Court

Birendra SahversusThe State of Bihar

Decided: 11 March 2026
Disposal: DISMISSED
Bench: PRABHAT KUMAR SINGH

Holding

The restoration application is dismissed for default due to the petitioner's failure to appear.

Summary

The petitioner, Birendra Sah, filed a restoration application in a criminal miscellaneous proceeding against the State of Bihar. No counsel appeared on behalf of the petitioner on the scheduled hearing date of 11 March 2026, mirroring a prior default on 9 January 2026. The learned Additional Public Prosecutor for the State was present. The court observed that the petitioner appeared to have lost interest in pursuing the matter due to repeated non-appearance. Consequently, the court dismissed the restoration application for default. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

What is the appropriate judicial response when a petitioner repeatedly fails to appear for a restoration application?

Subjects

restoration of proceedings
default
non-appearance
criminal miscellaneous
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.23105 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.6234 of 2024
                    Arising Out of PS. Case No.-320 Year-2018 Thana- MADHEPURA COMPALINT CASE
                                                     District- Madhepura
                  ======================================================
                  Birendra Sah S/O Late Bhangi Sah Village- Puraini ward no. 07, P.s.- Puraini,
                  Dist.- Madhepura.

                                                                             ... ... Petitioner/s
                                                     Versus

                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner     :      None
                  For the State          :      Mr. Ram Sevak Choudhary, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

8    11-03-2026                    No one appears on behalf of the petitioner.

                                 2. However, learned A.P.P. for the State is present.

                                 3. This is the second occasion when no one appears

                    on behalf of the petitioner. Earlier, on 09.01.2026 also, no one

                    appeared on behalf of the petitioner. It appears that the

                    petitioner has lost interest in pursuing this matter.

                                 4. Accordingly, the present restoration application is

                    dismissed for default.



                                         (Prabhat Kumar Singh, J)
shashank/-

U      T

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