Patna High Court

Sandeep Kumar @ Sandeep Kumar SinghversusThe State of Bihar

Decided: 25 March 2026
Disposal: ALLOWED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that the criminal miscellaneous proceeding may be restored, subject to the petitioner depositing Rs.10,000.

Summary

The petitioner, Sandeep Kumar, filed an application seeking restoration of Criminal Miscellaneous No. 2589 of 2021, which had been dismissed on 28 June 2022 for non‑prosecution. The High Court examined the reasons furnished by the petitioner for the lapse. Finding merit in the petitioner's explanation, the Court allowed the restoration but imposed a condition that the petitioner deposit Rs.10,000 with the Patna High Court Legal Services Committee. The order directed that the case be restored to its original file and the office verify compliance. Thus, the criminal proceeding was revived subject to the stipulated deposit.

Issues considered

Whether a criminal miscellaneous proceeding dismissed for non‑prosecution can be restored upon filing of an application?
Whether the restoration can be conditioned upon the petitioner depositing a specified sum?

Subjects

restoration of criminal proceedings
non‑prosecution
criminal miscellaneous
High Court order
conditional restoration

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9745 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.2589 of 2021
                         Arising Out of PS. Case No.-116 Year-2020 Thana- DELHA District- Gaya
                 ======================================================
                 Sandeep Kumar @ Sandeep Kumar Singh Son of Sanjay Singh Resident of
                 Mohalla- Kalyanpur Barki Delha PS -Delha District- Gaya

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Vinod Kumar, Advocate
                 For the State           :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   25-03-2026                  1. 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. 2589 of 2021, which stood dismissed on 28.06.2022

                   due to non-prosecution.

                                3. In view of the reasons assigned in the petitioner,

                   this restoration application is allowed, subject to condition that

                   petitioner shall deposit a sum of Rs. 10,000/- (Ten Thousand

                   Rupees) in the Office of Patna High Court Legal Services

                   Committee, Patna.

                                4. Accordingly, let Cr. Misc. No. 2589 of 2021 be

                   restored to its original file.
             Patna High Court CR. MISC. No.9745 of 2026(2) dt.25-03-2026
                                                         2/2




                                    5. Office is directed to verify and proceed further.




                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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