Patna High Court

Pankaj Kumar @ Pankaj MahtoversusThe State of Bihar

Decided: 16 January 2026
Disposal: DISMISSED
Bench: ANIL KUMAR SINHA

Holding

The application for restoration of the dismissed criminal miscellaneous case is dismissed.

Summary

The petitioner, Pankaj Kumar, filed an application seeking restoration of Criminal Miscellaneous No. 10622 of 2020, which had been dismissed for failure to comply with an order dated 25‑06‑2020. The petitioner argued that the COVID‑19 pandemic prevented filing the required notices within the prescribed time. The application was filed more than five years after the dismissal. The Court examined whether the pandemic excuse justified reviving a case after such a prolonged delay. Finding no merit in the petitioner's claim, the Court dismissed the restoration application. Consequently, the original dismissal of the criminal miscellaneous proceeding stands.

Issues considered

Whether a criminal miscellaneous case dismissed for non‑compliance can be restored after a delay of over five years on the ground of COVID‑19 related impediments?

Subjects

restoration of criminal case
procedural delay
COVID‑19 pandemic
criminal miscellaneous proceedings
court dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1352 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.10622 of 2020
                   Arising Out of PS. Case No.-570 Year-2018 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
                 Pankaj Kumar @ Pankaj Mahto S/O Ram Mahto R/o-Village- Sikraula,
                 Navtolia, P.S.- Birpur, District- Begusarai.


                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Patna
           2.    Rinki Devi @ Rinki Kumar D/O Sukhdeo Mahto R/o-Village- Bakhatpur,
                 P.S.- Birpur, District- Begusarai.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :     Mr.Onkar Nath

                 For the Opposite Party/s :     Mr.Rana Randhir Singh

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   16-01-2026          1. Heard the parties.

                        2. The present application has been filed for restoration of

                   Cr. Misc. No. 10622 of 2020, which got dismissed due to non

                   compliance of the order dated 25.06.2020.

                        3. Learned counsel for the petitioner submits that due to

                   COVID-19 pandemic at the relevant point of time, notices could

                   not be filed within stipulated period.

                        4. After more than five years, the present restoration

                   application has been filed.
           Patna High Court CR. MISC. No.1352 of 2026(2) dt.16-01-2026
                                                       2/2




                         5. Accordingly, I find no merit in this application. The same

                     is dismissed.



                                              (Anil Kumar Sinha, J)
praful/-

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