Patna High Court

Sumit KumarversusThe State of Bihar

Decided: 13 February 2026
Disposal: ALLOWED
Bench: SONI SHRIVASTAVA

Holding

The court held that the dismissed criminal miscellaneous case should be restored to its original file.

Summary

The petitioner, Sumit Kumar, filed an application seeking restoration of Criminal Miscellaneous No.341 of 2025, which had been dismissed for default due to non-prosecution. The petitioner’s counsel explained that the omission was inadvertent. The court examined the reasons provided and was satisfied that the default was not intentional. Consequently, the court ordered that the dismissed case be restored to its original file. The application for restoration was allowed.

Issues considered

Whether a criminal miscellaneous case dismissed for default due to non-prosecution can be restored upon application by the petitioner

Subjects

restoration of criminal case
default judgment
non-prosecution
criminal miscellaneous proceedings

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9739 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.341 of 2025
                    Arising Out of PS. Case No.-329 Year-2023 Thana- BUDDHACOLONY District- Patna
                  ======================================================
                  Sumit Kumar S/o- Arjun Sharma Resident of Village- New Jaganpura PS-
                  Ram Krishna Nagar Disrict- Patna.                   ... ... Petitioner/s
                                                    Versus
            1.     The State of Bihar
            2.     Switi Kumari W/o- Sumit Kumar, D/o- Ravindra Mistri R/v- Sri Krishna
                   Nagar, Road No-23, Ps- Buddha Colony Dist- Patna
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Madhumay Madhup, Advocate
                  For the Opposite Party/s :      Mr. Shyam Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    13-02-2026                  Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. This application has been filed for restoration of Cr.

                    Misc. No.341 of 2025, which stood dismissed for default for

                    non-prosecution.

                                 3. On being satisfied with the reasons mentioned in

                    this application, explaining omission on the part of the learned

                    counsel for the petitioner, Cr. Misc. No.341 of 2025 is restored

                    to its original file.

                                 4. Accordingly, this restoration application is allowed.


                                               (Soni Shrivastava, J)
Trivedi/-
U       T

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