Patna High Court

Shailendra KumarversusThe State of Bihar

Decided: 24 April 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The court held that the criminal miscellaneous case should be restored in the interest of justice despite the earlier dismissal for non‑compliance.

Summary

The petitioner, Shailendra Kumar, filed an application seeking restoration of Criminal Miscellaneous No. 78102 of 2024, which had been dismissed for failure to comply with a peremptory order dated 29.01.2025. The petitioner argued that the dismissal was procedural and that the case should be reinstated in the interest of justice. The court examined the reasons provided in the restoration application and the accompanying affidavit. Finding that the interests of justice warranted reinstatement, the court ordered that the case be restored to its original file. Consequently, the restoration application was allowed.

Issues considered

Whether a criminal miscellaneous case dismissed for non‑compliance with a peremptory order can be restored on the ground of interest of justice

Subjects

restoration of criminal case
peremptory order
interest of justice
criminal miscellaneous proceedings

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25854 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.78102 of 2024
                     Arising Out of PS. Case No.-327 Year-2022 Thana- BHOJPUR COMPLAINT CASE
                                                     District- Bhojpur
                  ======================================================
                  Shailendra Kumar S/o Om Prakash @ Om Prakash Paswan R/o Village /
                  Mohalla - Raktu Tola, P.S - Piro, District - Bhojpur
                                                                       ... ... Petitioner/s
                                                      Versus
            1.     The State of Bihar
            2.     Rinku Devi W/o Manoj Singh R/o Village - Swdahan, P.S - Tarari, District -
                   Bhojpur
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Ms.Swarnima, Advocate.
                  For the Opposite Party/s :    Mr.Anuj Kumar Shrivastava, APP.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    24-04-2026                  Heard learned counsel appearing on behalf of the

                    petitioner and learned APP for the State.

                                 2. The petitioner seeks restoration of Cr. Misc. No.

                    78102 of 2024, which was dismissed for non-compliance of the

                    peremptory order vide order dated 29.01.2025.

                                 3. For the reasons assigned in the restoration

                    application and the affidavit, in the interest of justice, Cr. Misc.

                    No. 78102 of 2024 is restored to its original file.

                                 4. The restoration application, accordingly, stands

                    allowed.


                                                      (Purnendu Singh, J)
mantreshwar/-
U

Continue reading with your account

Checking your session…