Patna High Court

Ashok KumarversusThe State of Bihar

Decided: 1 May 2026
Disposal: DISPOSED
Bench: SANDEEP KUMAR

Holding

The application for restoration was dismissed, with liberty granted to the petitioner to file a fresh application in accordance with law.

Summary

The petitioner, Ashok Kumar, filed an application seeking restoration of Criminal Miscellaneous No. 36344 of 2021, which had been filed to quash FIR No. 33 of 2021 and was dismissed for default on 16 February 2026. The court examined the petition and noted that the earlier dismissal was due to procedural default. No substantive merits were addressed. The court disposed of the application, granting the petitioner liberty to file a fresh application in compliance with procedural requirements. Consequently, the matter was not decided on the merits and the petitioner must re‑file.

Issues considered

Whether an application for restoration of a dismissed criminal miscellaneous proceeding can be entertained despite the earlier default dismissal

Subjects

Criminal Procedure Code
Restoration of proceedings
Quash of FIR
Default dismissal
Petition for fresh application

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.23320 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.36344 of 2021
                        Arising Out of PS. Case No.-33 Year-2021 Thana- TAJPUR District- Samastipur
                  ======================================================
                  Ashok Kumar S/o- Laxmi Narayan Sahu R/V- A/1-B, Pusp Vihar Exhibition
                  Road Patna PS- Gandhi Maidan Dist- Patna

                                                                                     ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar
            2.    Laxmi Narayan Sahu S/o- Late Surya Narayan Sahu R/v- Teghrra Ps- Teghra
                  Dist- Begusarai

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Sunil Kumar Yadav
                  For the Opposite Party/s :        Mr. Nawal Kishore Prasad
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    01-05-2026                  Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. The present application has been filed for

                    restoration of Cr. Misc. No. 36344 of 2021, which was filed for

                    quashing of FIR bearing Tajpur P.S. Case No. 33 of 2021 and

                    was dismissed for default on 16.02.2026.

                                 3. This application is disposed of with liberty to the

                    petitioner to file a fresh application in accordance with law.



                                               (Sandeep Kumar, J)
Shishir/-

U       T

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