Patna High Court
Krishna Bihari Thakur @ Krishna BihariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
A criminal miscellaneous dismissed for non‑prosecution may be restored to its original file upon a proper application and affidavit.
Summary
The petitioner, Krishna Bihari Thakur, filed an application seeking restoration of Criminal Miscellaneous No. 57019/2018, which had been dismissed for non-prosecution on 24-11-2025. The petitioner’s counsel assured the court of his presence for the hearing to avoid inconvenience. The court examined the restoration application and the accompanying affidavit. Finding no impediment, the court ordered that the dismissed criminal miscellaneous be restored to its original file. Consequently, the restoration application was allowed.
Issues considered
- What is the appropriate procedure for restoring a criminal miscellaneous proceeding dismissed for non-prosecution?
Subjects
- restoration of criminal proceedings
- non‑prosecution dismissal
- high court procedural order
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 2550 of 2026
In
CRIMINAL MISCELLANEOUS No.57019 of 2018
Arising Out of PS. Case No.-111 Year-2014 Thana- SITAMARHI COMPLAINT CASE
District- Sitamarhi
======================================================
Krishna Bihari Thakur @ Krishna Bihari S/O Raghunath Thakur R/O Village-
Sahasram, P.S- Parihar, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chunni Devi D/O Late Shiv Prasad Mishra, W/O Ram Babu Singh R/O
Village- Azamgarh, P.S- Dumara, Distt.- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 30-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks restoration of Cr. Misc.
No.57019/2018 which stood dismissed for non-prosecution vide
order dated 24.11.2025.
3. Learned counsel appearing on behalf of the
petitioner informs that he will be careful onwards and will be
present on the date fixed, so that no inconvenience be caused to
the Court.
4. In view of the information and pleadings made in
the restoration application and the affidavit, the Cr. Misc. No.
Patna High Court CR. MISC. No. 2550 of 2026(2) dt.30-01-2026
2/2
57019/2018 is restored to its original file.
5. The restoration application stands allowed.
(Purnendu Singh, J)
Ashishsingh/-
U
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