Patna High Court

Guddu SinghversusThe State of Bihar

Decided: 6 February 2026
Disposal: ALLOWED
Bench: PARTHA SARTHY

Holding

The court held that the dismissal was set aside and the case restored to its original file.

Summary

Guddu Singh filed an application seeking restoration of Criminal Miscellaneous case No. 67977 of 2025, which had been dismissed for non‑prosecution on 17 January 2026. The petitioner argued that the dismissal was erroneous and that the case should be reinstated. The High Court, after hearing counsel, found that the petitioner had made out a sufficient case for restoration. Consequently, the court allowed the restoration application and ordered that the case be restored to its original file. The application was thereafter disposed.

Issues considered

Whether the dismissal of Criminal Miscellaneous case No. 67977 of 2025 for non‑prosecution can be set aside and the case restored.

Subjects

restoration of criminal proceedings
non‑prosecution
criminal miscellaneous case
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7282 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.67977 of 2025
                      Arising Out of PS. Case No.-140 Year-2016 Thana- BARHIYA District- Lakhisarai
                  ======================================================
                  Guddu Singh S/o- Late Mahendra Singh Resident of Village- Khutha Dih,
                  Post Khuthadih, P.S.- Barahiya District-Lakhisarai
                                                                            ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Amritesh Kumar, Advocate
                  For the Opposite Party/s :       Mr. Nand Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                        ORAL ORDER
2    06-02-2026                     Heard learned counsel for the parties.

                                 2. The instant application has been filed for

                    restoration of Cr. Misc. no.67977 of 2025 dismissed for non-

                    prosecution vide order dated 17.1.2026.

                                 3. Having heard learned counsel for the parties and

                    taking into consideration the contents of the petition, the Court

                    is satisfied that the petitioner has made out a case for restoration

                    of Cr. Misc. no.67977 of 2025.

                                 4. The restoration application is allowed and Cr. Misc.

                    no.67977 of 2025 is restored to its original file.

                                 5. The application stands disposed of.


                                                (Partha Sarthy, J)
Saurabh/-
U      T

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