IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1304 of 2026 In CRIMINAL MISCELLANEOUS No.47885 of 2024 Arising Out of PS. Case No.-183 Year-2015 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Subhash Prasad Singh S/O Late Bindeshwari Singh R/O Sabita Sadan, Naya Bazar, Ward No. 3, Saharsa, P.S- Saharsa, District- Saharsa. ... ... Petitioner/s Versus 1. The State of Bihar 2. Mohan Chand Upadhyay S/O Late Mosadi Upadhyay R/O Ram Nagar Dhohadi, P.S- Dhohadi, Distt.- Baliya (U.P.), At present the Director/Proprietor of Diamond Engicon Pvt. Ltd. Second Floor, B-Block, Ram Lakhan Market, Ram Lakhan Path, Road No. 8, Post Lohiya Nagar, P.S- Kankarbagh, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Maharaj, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 09-01-2026 This application is filed for restoration of Cr. Misc. No. 47885 of 2024, which was dismissed on 08.12.2025 for want of prosecution. 2. Learned counsel for the petitioner submits that the matter was listed on 24.11.2025 and 08.12.2025 but inadvertently the list was not marked, and due to that reason, the matter was unattended by the learned counsel for the petitioner. 3. Learned counsel submits that notice was not issued to the Opposite party no.2 at that stage and the petitioner has very good case on merit and it is in the interest of justice to Patna High Court CR. MISC. No.1304 of 2026(2) dt.09-01-2026 2/2 hear to matter on merit. He submits that this case may be restored to its original position. 4. Learned APP for the State has no objection in this regard. 5. The reasons stated in the restoration application and the submissions made in support thereof are sufficient to allow the application. 6. Accordingly, this restoration application is allowed and the Cr. Misc. No. 47885 of 2024 is restored to its original file. AjayMishra/- (Sunil Dutta Mishra, J) U