Patna High Court
Chandan Kumar @ Chandan Kumar Yadav @ Chandu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The court held that the criminal miscellaneous case may be restored to its original file and number.
Summary
The petitioner, Chandan Kumar, filed an application seeking restoration of Criminal Miscellaneous No. 23222 of 2025, which had been dismissed for failure to comply with a peremptory order dated 18‑04‑2025. The petitioner argued that the grounds for restoration were satisfied. The Court examined the petition and found the reasons for restoration to be adequate. Accordingly, the Court ordered that the dismissed case be restored to its original file and number, subject to payment of a cost of Rs.200 to the Advocates’ Association. The application was then disposed of.
Issues considered
- Whether a criminal miscellaneous case dismissed for non‑compliance with a peremptory order can be restored?
Subjects
- restoration of criminal proceedings
- peremptory order
- cost order
- criminal miscellaneous case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15165 of 2026
In
CRIMINAL MISCELLANEOUS No.23222 of 2025
Arising Out of PS. Case No.-76 Year-2023 Thana- SHAHKUND District- Bhagalpur
======================================================
Chandan Kumar @ Chandan Kumar Yadav @ Chandu Yadav S/o Ramdeo
Yadav @ Ramde Yadav R/o Village- Bari Jankpur, P.S- Amarpur, District-
Banka
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishwa Ranjan Choudhary, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 11-03-2026 Learned counsel appearign for the petitioner and
learned APP appearing for the State are present.
2. The present application has been filed for
restoration of Criminal Miscellaneous No. 23222 of 2025,
which was dismissed due to non-compliance of the peremptory
order dated 18.04.2025.
3. On the grounds mentioned in the restoration
petition, the present application is allowed and Criminal
Miscellaneous No. 23222 of 2025 is directed to be restored to its
original file and number, subject to payment of a cost of Rs.
Patna High Court CR. MISC. No.15165 of 2026(2) dt.11-03-2026
2/2
200/- before the Advocates’ Association, Patna High Court.
4. Accordingly, the present application stands
disposed of.
(Dr. Anshuman, J)
Ashwini/-
U T
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