Patna High Court

Durgesh KumarversusThe State of Bihar

Decided: 1 May 2026
Disposal: DISPOSED
Bench: RAJESH KUMAR VERMA

Holding

The court held that the criminal miscellaneous case may be restored upon satisfactory reasons showing the dismissal was not warranted.

Summary

Durgesh Kumar filed an application seeking restoration of Criminal Miscellaneous No.1273 of 2026, which had been dismissed for non‑prosecution on 6 April 2026. The petitioner argued that the reasons for dismissal were not conclusive and that the case warranted further investigation. The court examined the petition and found the reasons satisfactory to merit reinstatement. Consequently, the court ordered the restoration of the dismissed case to its original file. The restoration petition was thereafter disposed.

Issues considered

Whether a criminal miscellaneous case dismissed for non‑prosecution can be restored to the original file?

Subjects

restoration of criminal case
non‑prosecution
criminal miscellaneous proceedings
procedural law

Judgment

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.30712 of 2026
                                            In
                            CRIMINAL MISCELLANEOUS No.1273 of 2026
                   Arising Out of PS. Case No.-292 Year-2025 Thana- PANCHRUKHI District- Siwan
               ======================================================
               Durgesh Kumar S/o Ramashray Ram Resident Of Village- Pachrukhi, Po-
               Pachrukhi, Ps- Pachrukhi, Dist -Gopalganj          ... ... Petitioner/s
                                                  Versus
               The State of Bihar                          ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :      Mr. Majid Mahboob Khan, Advocate
               For the Opposite Party/s :      Mr. Murli Dhar, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER

2 01-05-2026                  Heard Mr. Majid Mahboob Khan, learned counsel for

               the petitioner and Mr. Murli Dhar, learned Additional Public

               Prosecutor for the State.

                           2. This application has been filed for restoration of Cr.

               Misc. No. 1273 of 2026 which stood dismissed for non-

               prosecution vide order dated 06.04.2026.

                           3. For the reason stated in the restoration petition, the

               prayer for restoration is allowed and Cr. Misc. No. 1273 of 2026

               is restored to its original file.

                           4. Accordingly, the present restoration petition stands

               disposed of.



                                        (Rajesh Kumar Verma, J)
Suruchi/-

U

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