Patna High Court

Supriya RaniversusThe State of Bihar

Decided: 30 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court held that the dismissed criminal miscellaneous case may be restored and ordered its restoration to the original file and number.

Summary

Petitioner Supriya Rani filed a criminal miscellaneous application seeking restoration of Criminal Miscellaneous No.19098 of 2025, which had been dismissed for non‑prosecution on 09‑12‑2025. The petitioner submitted reasons and explanations supporting restoration. The High Court examined whether a dismissed criminal miscellaneous proceeding could be revived. Finding the petitioner's justification satisfactory, the Court allowed the application. Consequently, the dismissed case was restored to its original file and number.

Issues considered

Whether a criminal miscellaneous case dismissed for non‑prosecution may be restored upon application of the petitioner?

Subjects

criminal procedure
restoration of dismissed case
non‑prosecution
criminal miscellaneous application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5477 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.19098 of 2025
                      Arising Out of PS. Case No.-199 Year-2024 Thana- MALSALAMI District- Patna
                 ======================================================
                 Supriya Rani W/o- Anand Prakash Resident of Ash Bhor ki Takiya samariya
                 Gali PS- Malsalami Patnacity Patna, at present resident of Neem Ki bhatti
                 Maharani Asthan PS- Alamganj Dist- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar.
           2.    Ram Krishna Prasad Yadav S/o- Late Bihari Yadav, R/v- Sah Bhor Ki Takiya
                 Samriya Gali P.S.- Malsalami Patna City Patna.
           3.    Pushpa Kumari W/o- Chhote Lal Kumar, R/v- Sah Bhor Ki Takiya Samriya
                 Gali P.S.- Malsalami Patna City Patna.
           4.    Chhote Lal Kumar S/o- Late Banwari Prasad, R/v- Simli Shahdara Chain
                 New Colony P.S.- Malsalami Patna City, Patna.
           5.    Rohit Kumar @ Ravi Swarup Dhavan S/o- Chhotelal Kumar, R/v- Sah Bhor
                 Ki Takiya Samriya Gali P.S.- Malsalami Patna City Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Priyanka Singh, Advocate.
                 For the Opposite Party/s :       Ms. Sharda Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   30-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The present Cr. Misc. Application has been filed for

                   restoration of Cr. Misc. No.19098 of 2025 which was dismissed

                   for non-prosecution vide order 09.12.2025.

                                 3. For the reasons and explanation stated in the

                   application, the present Cr. Misc. Application stands allowed
              Patna High Court CR. MISC. No.5477 of 2026(2) dt.30-01-2026
                                                          2/2




                        and Cr. Misc. No.19098 of 2025 is restored to its original file

                        and number.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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