Patna High Court
Bhola Singh @ Brij Mohan Singh @ Brij Mohan Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
A criminal writ jurisdiction case dismissed for default may be restored if the petitioner demonstrates sufficient cause for the restoration.
Summary
The petitioners Bhola Singh, Nilam Sinha and Prince Kumar filed an application before the Patna High Court seeking restoration of Criminal Writ Jurisdiction Case No. 2447 of 2024, which had been dismissed for default on 22 July 2025. The issue before the court was whether the dismissal for default could be set aside and the case reinstated. The court examined the reasons provided in the petitioner's application and found them sufficient to merit relief. Accordingly, the court allowed the application and ordered that the writ case be restored to its original file. The order effectively reinstated the proceedings that had been previously terminated.
Issues considered
- Whether a criminal writ jurisdiction case dismissed for default can be restored upon an application by the petitioner
Subjects
- restoration
- criminal writ jurisdiction
- default dismissal
- high court
- procedural relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10941 of 2026
In
Criminal Writ Jurisdiction Case No.2447 of 2024
Arising Out of PS. Case No.-346 Year-2022 Thana- NARDIGANJ District- Nawada
======================================================
1. Bhola Singh @ Brij Mohan Singh @ Brij Mohan Prasad Singh S/o Vishun
Singh Resident of vill- Riula, PS- Atari, District- Gaya
2. Nilam Sinha @ Sudha Kumari W/o Bhola Singh @ Brij Mohan Singh @
Brij Mohan Prasad Singh R/o vill - Riula, P.S.- Atari, Distt.- Gaya
3. Prince Kumar S/o Murari Singh R/o vill - Kevali, P.O. and P.S.- Sono, Dist.-
Jamui
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Additional Chief Secretary, Deptt. of Home, Bihar, Old Secretariate,
Patna, P.S.- Sachiwalay, Distt.- Patna
3. The Director General of Police, Bihar, Old Secretariate, Patna, P.S.-
Sachiwalay, Distt.- Patna Bihar
4. The Deputy Inspector of Police, Gaya, P.O. and P.S. and Distt- Gaya Bihar
5. The Superintendent of Police, Nawada, P.O. and P.S. and Distt.- Nawada
Bihar
6. The Officer-in-Charge, Nardiganj, P.O. and P.s.- Nardiganj, Distt. - Nawada
Bihar
7. Kishore Bharti S/o Ramanuj Singh R/v Pasai, P.S.- Nardiganj, Distt.-
Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Sinha, Advocate
For the State : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present application has been filed for
restoration of Cr. W.J.C. No. 2447 of 2024, which was
dismissed for default on 22.07.2025 on account of non
Patna High Court CR. MISC. No.10941 of 2026(2) dt.16-02-2026
2/2
compliance of pre-emptory order.
3. For the reasons stated in the application, it is
allowed.
4. Accordingly, Cr. W.J.C. No. 2447 of 2024 is
restored to its original file.
(Sandeep Kumar, J)
P. Kumar
U T
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