Patna High Court

Kamlesh PanditversusThe State of Bihar

Decided: 6 February 2026
Disposal: ALLOWED
Bench: NAWNEET KUMAR PANDEY HARISH KUMAR

Holding

The dismissal for non‑prosecution was set aside and the criminal miscellaneous case was restored to its original file.

Summary

Kamlesh Pandit filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No.65720 of 2024, which had been dismissed on 27 June 2025 for non‑prosecution. The petition argued that the dismissal was premature and that the prosecution could still be pursued. The Court examined whether a dismissal for non‑prosecution could be set aside and the case reinstated. Relying on procedural law, the Court held that the dismissal could be reversed if the petitioner satisfied the court of sufficient grounds. Consequently, the application was allowed and the criminal proceeding was restored to its original file and number.

Issues considered

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

Subjects

criminal procedure
restoration of dismissed case
non‑prosecution
Patna High Court
criminal miscellaneous

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.76969 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.65720 of 2024
                     Arising Out of PS. Case No.-88 Year-2004 Thana- KOTWA District- East Champaran
                  ======================================================
                  Kamlesh Pandit son of Ambika Pandit village- Pokhara P.S.- Kotwa District
                  -East Champaran                                         ... ... Petitioner/s
                                                 Versus
            1.     The State of Bihar
            2.    Bhikhari Thakur son of Nathuni thakur village- Pokhara P.S.- Kotwa District
                  -East Champaran
            3.    Upendra Thakur son of Badri thakur village- Pokhara P.S.- Kotwa District
                  -East Champaran
            4.     Badri Thakur Son of Late Rajha thakur village- Pokhara P.S.- Kotwa District
                   -East Champaran
                                                                        ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Rakesh Kumar, Adv.
                  For the Opposite Party/s :       Mr. Ashok Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY)

2    06-02-2026                  Heard.

                                 2. The present application has been filed for

                    restoration of Cr. Misc. No. 65720 of 2024, which has been

                    dismissed for non-prosecution by order dated 27.06.2025.

                                 3. For the grounds mentioned in the application, the

                    present restoration application is allowed and Cr. Misc. No.

                    65720 of 2024 is restored to its original file and number.


                                         (Nawneet Kumar Pandey, J)


                                                (Harish Kumar, J)
Anjani/-
U       T

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