Patna High Court

Sachin Kumar DasversusThe State of Bihar

Decided: 24 April 2026
Disposal: ALLOWED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that the criminal miscellaneous case may be restored upon payment of Rs. 10,000 to the High Court Legal Services Committee.

Summary

The petitioner, Sachin Kumar Das, filed a petition before the Patna High Court seeking restoration of Criminal Miscellaneous No. 85783 of 2019, which had been dismissed on 23‑03‑2026 for non‑prosecution. The petition argued that the reasons for non‑prosecution were valid and that the case should be reinstated. The Court examined whether a criminal miscellaneous proceeding dismissed for non‑prosecution could be revived and whether imposing a monetary condition was permissible. Accepting the petitioner's reasons, the Court held that restoration was permissible provided the petitioner deposited Rs. 10,000 with the High Court Legal Services Committee. Consequently, the Court ordered that the dismissed case be restored to its original file upon payment of the stipulated amount.

Issues considered

Whether a criminal miscellaneous case dismissed for non‑prosecution may be restored under the law
Whether the High Court can condition restoration on the deposit of a monetary sum

Subjects

restoration of criminal case
non‑prosecution
Patna High Court
criminal miscellaneous proceedings
legal services committee

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.28596 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.85783 of 2019
                   Arising Out of PS. Case No.-1320 Year-2018 Thana- COMPLAINT CASE District- Banka
                  ======================================================
                  Sachin Kumar Das S/o Naresh Das Resident of vill- Bichkori, P.s- Katoriya,
                  Distt.- Banka
                                                                         ... ... Petitioner/s
                                                 Versus
            1.     The State of Bihar
            2.     Anjani Devi W/o Sachin Kumar Das, D/o Ino Das R/o vill - Gonal Bari, P.o.
                   and P.S.- Banka, Distt.- Banka
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Dhananjay Kumar Pandey, Advocate
                  For the Opposite Party/s :      Mr. Satya Nand Shukla, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    24-04-2026                  Heard learned counsel for the petitioner and learned
                    A.P.P. for the State.
                                 2. The present petition has been filed for restoration of
                    Cr. Misc. No. 85783 of 2019, which stood dismissed on
                    23.03.2026, due to non-prosecution.
                                 3. Reasons, mentioned in the restoration petition, are
                    accepted and this restoration petition is allowed, subject to
                    condition that petitioner shall deposit Rs. 10,000/- (ten
                    thousand) in the office of Patna High Court Legal Services
                    Committee, Patna.
                                 4. Let Cr. Misc. No. 85783 of 2019 be restored to its

                    original file.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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