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Patna High Court

Md Ahtesham @ Phul HasanversusThe State of Bihar

Decided
Disposal
ALLOWED

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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