Patna High Court

Kundan Kumar BhartiversusThe State of Bihar

Decided: 13 February 2026
Disposal: ALLOWED
Bench: ALOK KUMAR SINHA

Holding

The Court allowed the restoration application, reinstating Criminal Miscellaneous No.80579 of 2025 to its original file.

Summary

The petitioners, Kundan Kumar Bharti and Sanjay Yadav, filed a restoration application before the Patna High Court seeking to revive Criminal Miscellaneous No.80579 of 2025, which had been dismissed due to a delay in complying with an order dated 25 January 2025. The petitioners argued that the compliance, though delayed, had now been completed. The learned counsel for the petitioners highlighted that the dismissal was without further reference to the bench. The Court examined whether the procedural lapse justified dismissal or whether the case could be reinstated upon compliance. It held that the dismissal could be set aside and the case restored to its original file. Consequently, the Court granted the petitioners two weeks to rectify any remaining defects and ordered the matter to be placed under the appropriate heading.

Issues considered

Whether a criminal miscellaneous case dismissed for delay in compliance with a court order can be restored upon subsequent compliance.

Subjects

restoration of dismissed case
delay in compliance
procedural law
criminal miscellaneous proceedings

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.11573 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.80579 of 2025
                        Arising Out of PS. Case No.-192 Year-2025 Thana- CIVIL LINE District- Gaya
                  ======================================================
            1.     Kundan Kumar Bharti S/o Ashok Paswan RO Village- Katari Hill, PS-
                   Chandauti, District- Gaya
            2.     Sanjay Yadav S/o Late Lallu Yadav @ Lalu Singh RO Village- Katari Hill,
                   PS- Chandauti, District- Gaya
                                                                          ... ... Petitioner/s
                                                   Versus
                  The State of Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Amrit Lal
                  For the Opposite Party/s        :      Mr.Braj Kishore Pd.(App)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

2    13-02-2026                  Learned counsel for the petitioner submits that on account

                    of some delay in compliance of the order dated 25.01.2025 passed in

                    Cr. Misc. No.80579 of 2025, the case was dismissed without further

                    reference to Bench. He further submits that although there was

                    some delay in compliance but the compliance has finally been done.

                                 2. In such view of the matter, this restoration application is

                    allowed and Cr. Misc. No.80579 of 2025 is restored to its original

                    file and further two weeks’ time is granted to remove the defects.

                                 3. Put up this matter under appropriate heading.




                                                                     (Alok Kumar Sinha, J)
sanjeev/-
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