Patna High Court
Nitesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
A criminal miscellaneous case dismissed for default may be restored to its original file upon payment of a nominal fee to the Legal Services Committee.
Summary
The petitioner, Nitesh Kumar Singh, filed a petition seeking the restoration of Criminal Miscellaneous Case No. 56971 of 2025, which had been dismissed for default. The petition was filed under Criminal Miscellaneous No. 19302 of 2026. The High Court examined whether the dismissal for default could be set aside and the original case reinstated. The Court held that restoration was permissible provided the petitioner paid a nominal fee of Rs. 500 to the Patna High Court Legal Services Committee. Consequently, the Court ordered the restoration of the original case to its file and allowed the relief sought in the petition.
Issues considered
- Whether a criminal miscellaneous case dismissed for default can be restored to its original file?
- Whether the petitioner must pay a fee to the Legal Services Committee as a condition for restoration?
Subjects
- restoration of criminal case
- default dismissal
- legal services fee
- high court order
- criminal miscellaneous proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19302 of 2026
In
CRIMINAL MISCELLANEOUS No.56971 of 2025
Arising Out of PS. Case No.-596 Year-2021 Thana- MUZAFFARPUR TOWN District-
Muzaffarpur
======================================================
Nitesh Kumar Singh S/O Late Tej Narayan Singh Resident of Pupri, P.S-
Kudhani, District- Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Meena Kumari R/O Mohalla- Shivpuri, Damuchak, P.S- Muzaffarpur, Distt.-
Muzaffarpur.
3. Chief Manager, Punjab National Bank, Jawaharlal Road, Muzaffarpur Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan, Advocate
Mr. Sudhanshu Prakash, Advocate
Mr. Rajnikant, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 03-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for restoration of Cr. Misc. No. 56971 of
2025 to its original file which came to be dismissed for
default.”
3. For the reasons assigned in paragraph nos. 3 to 5, Cr.
Misc. No. 19302 of 2026 is allowed subject to payment of Rs. 500/-
to the Patna High Court Legal Services Committee.
4. Cr. Misc. No. 56971 of 2025 stands restored to its
original file.
(Rajiv Roy, J)
Adnan/-
U
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