Patna High Court

Kumar Abhishek @ Abhishek @ ShibuversusThe State of Bihar

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

Holding

The court allowed the restoration of Criminal Miscellaneous No. 43194 of 2025, holding that the petition was maintainable despite the earlier non‑compliance.

Summary

The petitioner, Kumar Abhishek, filed an application seeking restoration of Criminal Miscellaneous No. 43194 of 2025, which had been dismissed for failure to comply with an order dated 11 July 2025. The petition argued that the non‑compliance was remedied and that the case should be reinstated. The learned counsel for the State opposed the restoration, contending that the procedural lapse justified the dismissal. Justice Rajesh Kumar Verma examined the procedural requirements and the petitioner's justification for the delay. The court held that the petition for restoration was maintainable and allowed the restoration of the dismissed case to its original file. The current application (Cr. Misc. No. 16567 of 2026) was disposed of, and the petitioner was granted one week to comply with the original order.

Issues considered

What is the appropriate procedure for restoring a criminal miscellaneous case dismissed for non‑compliance with a court order?
Does the petitioner’s explanation for the delay justify reinstating the dismissed case?

Subjects

restoration of criminal case
procedural compliance
criminal miscellaneous proceedings
dismissal and reinstatement
court order compliance

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.16567 of 2026
                                                In
                                CRIMINAL MISCELLANEOUS No.43194 of 2025
                          Arising Out of PS. Case No.-239 Year-2024 Thana- RAMPUR District- Gaya
                   ======================================================
                   Kumar Abhishek @ Abhishek @ Shibu Son of Sudhir Kumar Sinha Resident
                   of Mohalla - Laxmi Niwas Ramsagar Road, P.S.- Civil Line, District - Gaya

                                                                                    ... ... Petitioner/s
                                                         Versus
                   The State of Bihar

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :        Mr. Vinod Kumar, Advocate
                   For the State           :        Mr. Manoj Kumar, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                         ORAL ORDER

2     18-03-2026                      Heard Mr. Vinod Kumar, learned counsel for the
                     petitioner and Mr. Manoj Kumar, learned APP for the State.
                                      2. This application has been filed for restoration of
                     Cr. Misc. No. 43194 of 2025 which stood dismissed for non-
                     compliance of the order dated 11.07.2025.
                                      3. For the reasons stated in the restoration petition,
                     the prayer for restoration is allowed and Cr. Misc. No. 43194 of
                     2025 is restored to its original file.
                                    4. Cr. Misc. No. 16567 of 2026 stands disposed of.
                                    5. Further one week’s time is granted to the learned
                     counsel for the petitioner to comply the order dated 11.07.2025
                     passed in Cr. Misc. No. 43194 of 2025.



                                                                   (Rajesh Kumar Verma, J)
Ibrar//-

U          T

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