Patna High Court

Sunil KumarversusThe State of Bihar

Decided: 18 March 2026
Disposal: DISPOSED
Bench: RAJESH KUMAR VERMA

Holding

The Court allowed the restoration of Criminal Miscellaneous No. 23197 of 2025, reinstating it to its original file.

Summary

Sunil Kumar filed an application seeking restoration of Criminal Miscellaneous No. 23197 of 2025, which had been dismissed for failure to comply with an order dated 07.05.2025. The petitioner argued that the dismissal was premature and that compliance could be achieved. The High Court examined whether a dismissed criminal miscellaneous proceeding could be reinstated despite the earlier non‑compliance. The Court held that the petition for restoration was maintainable and ordered the case restored to its original file. It also disposed of the parallel Criminal Miscellaneous No. 15216 of 2026 and granted the petitioner one week to comply with the original order.

Issues considered

What is the scope for restoring a dismissed criminal miscellaneous proceeding on the ground of non‑compliance with a prior order?

Subjects

restoration of criminal case
procedural law
criminal miscellaneous proceedings
non‑compliance
High Court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15216 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.23197 of 2025
                      Arising Out of PS. Case No.-875 Year-2024 Thana- KANKARBAG District- Patna
                 ======================================================
                 Sunil Kumar S/O Naresh Ray R/O Mohalla- Kumhrar Toli, P.S- Kankarbagh,
                 District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus


           1.    The State of Bihar Bihar
           2.    Vikash Kumar S/O Ramvinay Sharma R/O Mohalla- Hanuman Nagar,
                 House No.- A/79 (back side) , P.S- Patrakar Nagar,Dist- Patna, Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Vishal Prasad, Advocate
                 For the State           :        Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   18-03-2026                      Heard Mr. Vishal Prasad, learned counsel for the

                   petitioner and Mr. Rana Randhir Singh, learned APP for the

                   State.

                                    2. This application has been filed for restoration of

                   Cr. Misc. No. 23197 of 2025 which stood dismissed for non-

                   compliance of the order dated 07.05.2025.

                                    3. For the reasons stated in the restoration petition,

                   the prayer for restoration is allowed and Cr. Misc. No. 23197 of

                   2025 is restored to its original file.

                                  4. Cr. Misc. No. 15216 of 2026 stands disposed of.
               Patna High Court CR. MISC. No.15216 of 2026(2) dt.18-03-2026
                                                           2/2




                                       5. Further one week’s time is granted to the learned

                         counsel for the petitioner to comply the order dated 07.05.2025

                         passed in Cr. Misc. No. 23197 of 2025.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T

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