Patna High Court

Sadanand SinghversusThe State of Bihar

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

Holding

A criminal miscellaneous case dismissed for default may be restored if the petitioner successfully applies for restoration, and the Court may set aside the dismissal.

Summary

The petitioner, Sadanand Singh, a Sub‑Inspector of Bajarang Police Station, filed an application seeking restoration of Criminal Miscellaneous No. 48733 of 2021. The case had been dismissed for default on 4 July 2024 because the petitioner failed to comply with a peremptory order dated 15 May 2024. The petitioner argued that the dismissal was premature and that the case should be reinstated. The Court, after hearing counsel, examined the petition and found no substantive impediment to restoring the proceedings. Consequently, the Court allowed the prayer and ordered that the dismissed 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 deadline.

Subjects

Criminal Procedure Code
Restoration of dismissed case
Default dismissal
Peremptory order
High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.24895 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.48733 of 2021
                   Arising Out of PS. Case No.-918 Year-2018 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                  ======================================================
                  Sadanand Singh S/O Derveshari Prasad Singh R/O Village/Mohalla- F/A
                  Jagariya, P.S- Sahkund, Distt.- Bhagalpur, Posted was as S.I. of Bajarang
                  Police Station( O.P. Mehsi), Distt.- East Champaran.
                                                                          ... ... Petitioner/s
                                                       Versus
            1.     The State of Bihar
            2.     Kailash Thakur S/O Late Kishun Thakur R/O Village- Majhar Tola Godiya,
                   P.S- Pakdidayal, Distt.- East Champaran.
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr. Raja Surendra Mohan, Advocate
                  For the Opposite Party/s :     Mr. Navin Kumar Pandey, 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.48733 of 2021 which stood

                    dismissed for default on 4.7.2024 for non-compliance of the

                    peremptory order dated 15.5.2024.

                                 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.48733 of 2021 stands restored to its

                    original file.


                                               (Partha Sarthy, J)
Saurabh/-
U      T

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