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Patna High Court

Nitesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petition for restoration of Criminal Miscellaneous No. 91480 of 2025 is allowed.

Summary

Petitioner Nitesh Kumar filed an application seeking restoration of Criminal Miscellaneous No. 91480 of 2025, which had been dismissed for failure to comply with an order dated 07‑01‑2026. The petitioner argued that the reasons for non‑compliance justified setting aside the dismissal. The Court examined the restoration petition and found the reasons sufficient to revive the earlier case. Accordingly, the Court ordered that Cr. Misc. 91480 of 2025 be restored to its original file and granted the petitioner two weeks to comply with the pending order. The present application, Criminal Miscellaneous No. 18063 of 2026, was disposed of.

Issues considered

  • Whether the dismissal of Criminal Miscellaneous No. 91480 of 2025 for non‑compliance can be set aside and the case restored?

Subjects

  • restoration of proceedings
  • criminal miscellaneous
  • non‑compliance
  • order compliance
  • High Court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.18063 of 2026
                                                In
                                CRIMINAL MISCELLANEOUS No.91480 of 2025
                     Arising Out of PS. Case No.-807 Year-2023 Thana- HAJIPUR SADAR District- Vaishali
                   ======================================================
                   Nitesh Kumar S/o Amarnath Bhagat Resident Of Village- Hajipur, Po-
                   Rajauli, Ps- Hajipur, Dist.- Vaishali
                                                                       ... ... Petitioner/s
                                                         Versus
                   The State of Bihar Bihar
                                                                ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :        Mr. Pragati Singh, Advocate
                   For the State           :        Mr. Ganesh Prasad Singh, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                         ORAL ORDER

2     18-03-2026                      Heard Mr. Pragati Singh, learned counsel for the

                     petitioner and Mr. Ganesh Prasad Singh, learned APP for the State.

                                      2. This application has been filed for restoration of
                     Cr. Misc. No. 91480 of 2025 which stood dismissed for non-
                     compliance of the order dated 07.01.2026.
                                      3. For the reasons stated in the restoration petition,
                     the prayer for restoration is allowed and Cr. Misc. No. 91480 of
                     2025 is restored to its original file.
                                     4. Cr. Misc. No. 18063 of 2026 stands disposed of.
                                     5. Further two weeks’ time is granted to the learned

                     counsel for the petitioner to comply the order dated 07.01.2026

                     passed in Cr. Misc. No. 91480 of 2025.



                                                                   (Rajesh Kumar Verma, J)
Ibrar//-

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