Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The petition was allowed and Criminal Miscellaneous No. 50643 of 2025 was restored to its original file upon payment of Rs.500 to the Legal Services Committee.
Summary
Amarjeet Kumar filed a petition seeking restoration of Criminal Miscellaneous No. 50643 of 2025, which had been dismissed for failure to comply with an order dated 18‑11‑2025. The petitioner argued that the dismissal was premature and that compliance could be achieved. The High Court examined whether a case dismissed for non‑compliance could be reinstated upon fulfillment of procedural requirements. The Court allowed the related petition (Cr. Misc. No. 12705 of 2026) on the condition that the petitioner deposit Rs.500 with the Patna High Court Legal Services Committee. Consequently, the Court ordered that Criminal Miscellaneous No. 50643 of 2025 be restored to its original file.
Issues considered
- What is the appropriate remedy when a criminal miscellaneous case is dismissed for non‑compliance with a court order?
- Can the dismissal be set aside upon payment of a prescribed fee and compliance with procedural formalities?
Subjects
- criminal procedure
- restoration of case
- non‑compliance
- legal services fee
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12705 of 2026
In
CRIMINAL MISCELLANEOUS No.50643 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- RUPASPUR District- Patna
======================================================
Amarjeet Kumar S/O Late Naresh Mistri R/O Vill and P.s.- Rupaspur, Dist.-
Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Uchit Paswan S/O Late Prakash Paswan R/O Musapur Thana, Barbigha,
Dist.- Sheikhpura, At Present, Kiran Kunj, Rupaspur Thana, Dist.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Chandra, Advocate
For the State : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-02-2026 Heard the parties.
2. The present petition has been preferred for the
restoration of Cr. Misc. No. 50643 of 2025 to its original file
which has been dismissed for non-compliance of the order dated
18.11.2025.
3. For the reasons assigned in paragraph nos. 3 to 5 of
the petition, Cr. Misc. No. 12705 of 2026 is allowed subject to
payment of Rs.500/- to Patna High Court Legal Services
Committee.
4. Accordingly, Cr. Misc. No. 50643 of 2025 is
restored to its original file.
(Rajiv Roy, J)
vinayak/-
U T
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