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Patna High Court

Sanjeev KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court restored the dismissed Criminal Miscellaneous No.14843 of 2025, allowing the petitioner's application for restoration.

Summary

The petitioner, Sanjeev Kumar, filed an application seeking restoration of Criminal Miscellaneous No.14843 of 2025, which had been dismissed on 12 January 2026 for want of prosecution. He contended that the failure to appear before the court was neither intentional nor deliberate. The court examined whether a dismissal for want of prosecution could be set aside on the ground of inadvertent non‑appearance. Finding the petitioner's explanation satisfactory, the court allowed the restoration application. Consequently, the dismissed case was restored to its original file and number, and the office was directed to re‑notify the case on 16 February 2026 before the appropriate bench. The application was thereafter disposed.

Issues considered

  • What is the appropriate remedy when a criminal miscellaneous case is dismissed for want of prosecution due to the petitioner's non‑appearance?
  • Can a dismissal be set aside if the non‑appearance is not intentional or deliberate?

Subjects

  • restoration of criminal case
  • want of prosecution
  • procedural law
  • criminal miscellaneous proceedings
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6834 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.14843 of 2025
                          Arising Out of PS. Case No.-336 Year-2024 Thana- BEUR District- Patna
                 ======================================================
                 Sanjeev Kumar S/O Nageshwar Singh R/O Ajay Kumar, Gate No.90, Near
                 Buddha Toyota, Makdumpur, P.S- Digha, Distt.- Patna.
                                                                      ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.     Chandan Kumar S/O Sahan Kumar R/O Binodpur, P.S- Singhaul, Distt.-
                  Begusarai.
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Surendra Prasad Singh, Adv
                 For the Opposite Party/s :        Ms. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   05-02-2026                    Heard learned counsel appearing on behalf of the

                   parties.

                                2. This application has been filed for restoration of

                   Cr. Misc. No.14843 of 2025, which has been dismissed in

                   want of prosecution, vide order dated 12.01.2026. It is

                   submitted that aforesaid non-appearance was neither

                   intentional nor deliberate.

                                3. Further, for the reasons as mentioned in the

                   restoration application itself, the present petition is allowed

                   and the Cr. Misc. No.14843 of 2025 is restored to its original

                   file and number.
               Patna High Court CR. MISC. No.6834 of 2026(2) dt.05-02-2026
                                                           2/2




                                      4. Accordingly, present application stands disposed

                         of.

                                      5. Upon restoration, office is directed to re-notify

                         Cr. Misc. No.14843 of 2025, on 16.02.2026 before

                         Appropriate Bench.


                                                                    (Chandra Shekhar Jha, J.)
S.Tripathi/-

U


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