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Patna High Court

Sanjay Kumar SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court allowed the restoration of the dismissed criminal miscellaneous case.

Summary

The petitioner, Sanjay Kumar Sah, filed an application seeking restoration of Criminal Miscellaneous No. 76674 of 2025, which had been dismissed for default due to non‑compliance with an order dated 15 January 2026. The petitioner explained that the default was an omission on his part and submitted reasons for why the case should be reinstated. The learned counsel for the State opposed the restoration. The Hon'ble Justice Soni Shrivastava examined the explanations and was satisfied that the omission was inadvertent and that the petitioner was ready to comply with the earlier order. Consequently, the Court ordered that the dismissed case be restored to its original file. The restoration application was allowed.

Issues considered

  • What is the appropriate remedy when a criminal miscellaneous case is dismissed for default due to non‑compliance with a court order?

Subjects

  • restoration of criminal proceedings
  • default dismissal
  • procedural compliance
  • criminal miscellaneous case

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.17206 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.76674 of 2025
                     Arising Out of PS. Case No.-71 Year-2025 Thana- LALIT NARAYAN UNIVERSITY
                                                     District- Darbhanga
                  ======================================================
                  Sanjay Kumar Sah S/o- Ram Sushil Sah Resident of ward No 7, village
                  Dhadhiya, PS- Darhia, Dist- Darbhanga, Bihar.       ... ... Petitioner/s
                                                    Versus
                  The State of Bihar.                           ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Jay Karan, Advocate
                  For the Opposite Party/s :      Mrs. Pushpa Sinha, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    11-03-2026                   Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. This application has been filed for restoration of Cr.

                    Misc. No.76674 of 2025, which stood dismissed for default on

                    account of non-compliance of the order dated 15.01.2026 passed

                    by this Court.

                                 3. On being satisfied with the reasons mentioned in

                    this application, explaining omission on the part of the

                    petitioner, Cr. Misc. No.76674 of 2025 is restored to its original

                    file.

                                 4. Accordingly, this restoration application is allowed.


                                               (Soni Shrivastava, J)

Trivedi/-
U


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