Patna High Court

Vikash Kumar @ Mohit YadavversusThe State of Bihar

Decided: 30 January 2026
Disposal: ALLOWED
Bench: SHAILENDRA SINGH

Holding

A dismissal for want of prosecution may be set aside and the case restored if the petitioner demonstrates sufficient cause.

Summary

Vikash Kumar @ Mohit Yadav filed an application seeking restoration of Criminal Miscellaneous No. 64270 of 2025, which had been dismissed on 17-12-2025 for want of prosecution. The petitioner argued that the dismissal was premature and that the case should be reinstated to its original file. The High Court examined the reasons presented in the application and found them sufficient to set aside the dismissal. Consequently, the court ordered the restoration of the dismissed case to its original file. The application (Cr. Misc. No. 4771 of 2026) was allowed, thereby effecting the restoration.

Issues considered

Whether a criminal miscellaneous case dismissed for want of prosecution can be restored to its original file upon application by 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.4771 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.64270 of 2025
                          Arising Out of PS. Case No.-73 Year-2025 Thana- AIRPORT District- Patna
                  ======================================================
                  Vikash Kumar @ Mohit Yadav S/O Manoj Yadav Resident of Village- Meyar,
                  P.S.- Noorsarai, District- Nalanda
                                                                         ... ... Petitioner/s
                                                     Versus
                  The State of Bihar Patna
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Shashi Kant, Adv.
                  For the Opposite Party/s :        Mr. Suresh Prasad Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                        ORAL ORDER

2    30-01-2026                  1. Heard learned counsel for the parties.

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

                    Misc. No. 64270 of 2025 to its original file which was dismissed

                    for want of prosecution vide order dated 17.12.2025.

                                 3. For the reasons mentioned in this application, the

                    prayer for restoration is allowed and the Cr. Misc. No. 64270 of

                    2025 is hereby restored to its original file.

                                 4. Accordingly, Cr. Misc. No 4771 of 2026 is allowed.

                                               (Shailendra Singh, J)
Rajiv/-

U         T

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