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Patna High Court

Vikash Kumar @ Bhoma @ VikashversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the dismissal can be set aside and the case restored when the petitioner’s reasons are sufficient.

Summary

Vikash Kumar filed a petition seeking restoration of Criminal Miscellaneous No. 82365 of 2025, which had been dismissed on 18-12-2025 for want of prosecution. The petitioner submitted a restoration application supported by reasons and submissions. The High Court examined whether the dismissal could be set aside and the case reinstated. Finding the petitioner's reasons sufficient, the Court allowed the restoration application. Consequently, the dismissed criminal miscellaneous case was restored to its original file.

Issues considered

  • Whether a criminal miscellaneous case dismissed for want of prosecution can be restored upon application of the petitioner

Subjects

  • restoration of criminal proceedings
  • want of prosecution
  • criminal miscellaneous case
  • high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3841 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.82365 of 2025
                            Arising Out of PS. Case No.-503 Year-2025 Thana- BEUR District- Patna
                  ======================================================
                  Vikash Kumar @ Bhoma @ Vikash S/o Dhuri Rai R/o Village- Vishunpur
                  Pakri, PS- Beur, District- Patna

                                                                                      ... ... Petitioner/s
                                                          Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :         Mr.Anupam Bahadur, Advocate
                  For the Opposite Party/s :         Mr.Jitendra Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    12-02-2026                   This application is filed for restoration of Cr. Misc.

                    No. 82365 of 2025 which was dismissed on 18.12.2025 for want

                    of prosecution.

                                  2. For the reasons stated in the restoration application

                    and the submissions made in support thereof are sufficient to

                    allow the application.

                                  3. Accordingly, this restoration application is allowed

                    and the Cr. Misc. No. 82365 of 2025 is restored to its original

                    file.



                                                (Sandeep Kumar, J)
tusharika/-

U       T


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