Patna High Court

Md. JainuddinversusThe State of Bihar

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

Holding

The dismissal was set aside and the case restored with a two‑week period to cure the defects.

Summary

Petitioners Md. Jainuddin and Md. Naushad filed a restoration application after their criminal miscellaneous case (No.80492 of 2025) was dismissed for non‑compliance with an order dated 17‑01‑2026. Their counsel argued that the case should be reinstated to the original file and that they could cure the procedural defects within a short period. The Court examined whether a dismissal for non‑compliance could be set aside and the case restored. It held that the dismissal could be vacated and granted the petitioners two weeks to remedy the defects. The matter was scheduled for further hearing on 13‑03‑2026.

Issues considered

Can a criminal miscellaneous case dismissed for non‑compliance with a court order be restored to its original file?
Whether the court may grant time to the parties to remove procedural defects after restoration?

Subjects

criminal procedure
restoration of dismissed case
non‑compliance
procedural defects
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.11575 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.80492 of 2025
                        Arising Out of PS. Case No.-254 Year-2025 Thana- DAGARUA District- Purnia
                  ======================================================
            1.     Md. Jainuddin S/o Late Fatkan R/o vill - Lasanpur, ward no. 9, P.O. and
                   P.S.- Dagarua, Distt.- Purnea, Bihar
            2.     Md. Naushad S/o Md Sayid R/o vill - Lasanpur, ward no. 9, P.O. and P.S.-
                   Dagarua, Distt.- Purnea, Bihar
                                                                            ... ... Petitioner/s
                                                  Versus
                  The State of Bihar
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Kumari Adity
                  For the Opposite Party/s :       Mr.Dr. Kumar Uday Pratap
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                        ORAL ORDER

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

                    non-compliance of the order dated 17.01.2026 passed in Cr.

                    Misc. No.80492 of 2025, the said case was dismissed without

                    further reference to Bench.

                                 2. Learned counsel further submits if the case is

                    restored to its original file and further time is given for

                    removing the defects she will remove it within time.

                                 3. For the reasons as stated above this restoration

                    application is allowed and Cr. Misc. No.80492 of 2025 is

                    restored to its original file and further two weeks’ time is

                    granted to remove the defects.

                                 4. Put up this case on 13.03.2026, under appropriate

                    heading.


                                                                     (Alok Kumar Sinha, J)
sanjeev/-

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