Patna High Court
Md Ahtesham @ Phul HasanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The restoration petition is allowed subject to the petitioner depositing Rs.5,000.
Summary
The petitioner, Md Ahtesham, filed an application seeking restoration of Criminal Miscellaneous No. 59821 of 2025, which had been dismissed for non‑compliance with a prior order. The petitioner argued that the reasons for non‑compliance were justified and requested the court to reinstate the case. The court examined the submissions and found them satisfactory. It ordered that the restoration petition be allowed, subject to the petitioner depositing Rs.5,000 with the Patna High Court Legal Services Committee. Consequently, the office was directed to verify the deposit and restore the dismissed case to its original file.
Issues considered
- Whether a criminal miscellaneous proceeding dismissed for non‑compliance can be restored upon filing a restoration petition?
Subjects
- restoration of criminal proceedings
- procedural compliance
- criminal miscellaneous
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85439 of 2025
In
CRIMINAL MISCELLANEOUS No.59821 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- SAHEBPUR KAMAL District- Begusarai
======================================================
Md Ahtesham @ Phul Hasan S/O Md Aslam R/O Vill.- Panchveer, P.S.-
Sahebpur Kamal, Dist.- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Najmin Praveen D/O Md. Majid R/O Vill.- Panchveer, Ward no. 10, P.S.-
Sahebpur Kamal, Dist.- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Bhusan Poddar , Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. This application has been filed for restoration of
Cr. Misc. No. 59821 of 2025 which stood dismissed vide order
dated due to non compliance of the order.
3 . The submissions advanced by learned counsel
appearing on behalf of the petitioner and reasons mentioned in
the restoration application are accepted and this restoration
petition is allowed, subject to condition that petitioner shall
deposit a sum of Rs. 5,000/- in the office of Patna High Court
Legal Services Committee, Patna .
4. Office is directed to verify and restore Cr. Misc.
Patna High Court CR. MISC. No.85439 of 2025(3) dt.09-01-2026
2/2
No. 59821 of 2025 to its original file .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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