Patna High Court

Bipin Kumar SinhaversusThe State of Bihar

Decided: 10 April 2026
Disposal: ALLOWED
Bench: PARTHA SARTHY

Holding

The court held that the dismissed criminal miscellaneous case shall be restored to its original file.

Summary

The petitioners, Bipin Kumar Sinha and his son Rajneesh Vardhan, filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No. 38873 of 2021, which had been dismissed for default on 29 June 2024 for failing to comply with a peremptory order dated 9 May 2024. The petition argued that the dismissal was premature and that the procedural default could be remedied. The court examined the petition and the record of non‑compliance and considered whether the dismissal could be set aside. After hearing counsel, the bench held that there was no substantive impediment to restoring the case and that the procedural lapse could be cured. Consequently, the court allowed the prayer and ordered that the dismissed criminal miscellaneous case be restored to its original file.

Issues considered

Whether a criminal miscellaneous case dismissed for default can be restored upon filing of an application after the peremptory order.

Subjects

restoration of dismissed case
default judgment
peremptory order
criminal procedure
High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.23850 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.38873 of 2021
                         Arising Out of PS. Case No.-72 Year-2021 Thana- DANAPUR District- Patna
                  ======================================================
            1.     Bipin Kumar Sinha S/o- Late Awadh Kishore Prasad Resident of Village-
                   Luvkush Nagar, Near Fish Pound, Gola Road, P.S.- Rupaspur, District-
                   Patna
            2.     Rajneesh Vardhan S/o- Bipin Kumar Sinha Resident of Metro Gali, Ratu
                   Road P.S.- Sukhdeonagar District- Ranchi Jharkhand
                                                                             ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Shashank Chandra, Advocate
                  For the Opposite Party/s :       Mr. Nand Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                        ORAL ORDER
2    10-04-2026                    Heard learned counsel for the parties.

                                 2. The instant application has been filed for

                    restoration of Cr. Misc. no.38873 of 2021 which stood

                    dismissed for default on 29.6.2024 for non-compliance of the

                    peremptory order dated 9.5.2024.

                                 3. Having heard learned counsel for the parties and

                    having perused the contents of the petition, the prayer made in

                    the instant application is allowed.

                                 4. Cr. Misc. no.38873 of 2021 stands restored to its

                    original file.


                                                (Partha Sarthy, J)
Saurabh/-
U      T

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