Patna High Court

Raja KumarversusThe State of Bihar

Decided: 7 January 2026
Disposal: DISPOSED
Bench: RAJESH KUMAR VERMA

Holding

The court held that a criminal miscellaneous proceeding dismissed for default may be restored on the petitioner's application.

Summary

Petitioner Raja Kumar filed an application seeking restoration of Criminal Miscellaneous No. 73242 of 2025, which had been dismissed for default due to non‑compliance with an order dated 07‑11‑2025. The High Court examined whether the dismissal could be set aside despite the default. Relying on procedural principles, the Court allowed the restoration petition, reinstating the dismissed proceeding to its original file. The Court also disposed of the current application (Cr. Misc. No. 15 of 2026) and granted the petitioner an additional two weeks to comply with the original order. Consequently, the dismissed case was revived and the petitioner was given time to meet the compliance requirement.

Issues considered

Whether a criminal miscellaneous proceeding dismissed for default can be restored upon filing a restoration petition?

Subjects

restoration of proceedings
default dismissal
criminal procedure
high court order
compliance deadline

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.15 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.73242 of 2025
                   Arising Out of PS. Case No.-310 Year-2024 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Raja Kumar Son of Late Prakash Mandal Resident of Village- Kamargunj,
                 P.S.- Sultangunj, District- Bhagalpur.



                                                                                 ... ... Petitioner/s
                                                      Versus



                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Swapnil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-01-2026                       Heard Mr. Swapnil Kumar Singh, learned counsel

                   for the petitioner and Mr. Sucheta Yadav, learned APP for the

                   State.

                                     2. This application has been filed for restoration of

                   Cr. Misc. No. 73242 of 2025 which stood dismissed for default

                   for non-compliance of the order dated 07.11.2025.

                                     3. For the reasons stated in the restoration petition,

                   the prayer for restoration is allowed and Cr. Misc. No. 73242 of

                   2025 is restored to its original file.

                                4. Cr. Misc. No. 15 of 2026 stands disposed of.

                                5.     Learned counsel for the petitioner is granted
               Patna High Court CR. MISC. No.15 of 2026(2) dt.07-01-2026
                                                           2/2




                         further two weeks’ time to comply the order dated 07.11.2025

                         passed in Cr. Misc. No. 73242 of 2025.



                                                                           (Rajesh Kumar Verma, J)
Ibrar//-

U          T

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