Patna High Court

BRIJ BIHARI DAS @ VIJAY DAS ADHIKARI AND ORSversusTHE STATE OF BIHAR

Decided: 20 January 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The application is dismissed on the ground of delay and laches.

Summary

The petitioners challenged an order dated 19 May 2009 passed by the Judicial Magistrate, 1st Class, Nawadah in Complaint Case No. 826-C of 2008. The challenge was filed before the Patna High Court in 2019, more than a decade after the impugned order. The court examined whether the petition could be entertained despite the long lapse of time. It observed that the petitioners had not provided any satisfactory explanation for the delay. Consequently, the court dismissed the application on the grounds of delay and laches, holding that the petition could not be entertained.

Issues considered

Whether the High Court can entertain a petition challenging a 2009 order when filed in 2019 without a satisfactory explanation for the delay
Whether the doctrine of laches applies to bar the petition

Subjects

delay
laches
criminal miscellaneous
High Court jurisdiction
complaint case

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.26506 of 2019
                     Arising Out of PS. Case No.-826 Year-2008 Thana- NAWADAH COMPLAINT CASE
                                                      District- Nawada
                  ======================================================
            1.     BRIJ BIHARI DAS @ VIJAY DAS ADHIKARI AND ORS Chela of Swami
                   Kashi Das, Baikunthwasi Resident of Ramyan Bhawan, Bibhishan Kund
                   Ayodhya, P.S.- Ayodhya, Distt - Faijabad. Presently residing at Ramayan
                   Bhavan Ashsram, Rajgir Kund, P.S.- Rajgir, Distt - Nalanda.
            2.    Raja Ram Das Son of Late Bhagwat Singh Resident of Siur, P.S.- Roh, Distt
                  - Nawadah.
            3.    Awadhesh Singh Son of Late Shaligram Singh Resident of Village - and Post
                  Office - Ahiyapur, P.S.- Konch, Distt - Gaya.
                                                                          ... ... Petitioner/s
                                                     Versus
            1.    THE STATE OF BIHAR
            2.     Mahanth Ram Kishore Das Chela of Mahanth Ramadhin das, Baikunthwasi,
                   Vaishnav Sampradaya Resident of Ram Janki Thakurbari, Hospital Road ,
                   Nawadah, P.S.- Nawadah, Distt - Nawadah.
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr.Arun Kumar
                  For the Opposite Party/s :    Mr.Mithlesh Kumar Khare
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

4    20-01-2026                    Heard the parties.

                                 2. The impugned order dated 19.05.2009 passed in

                    Complaint Case No. 826-C of 2008 corresponding to Tr. No.

                    340 of 2009 by the learned Judicial Magistrate, 1st Class,

                    Nawadah has been challenged in this Court in the year 2019.

                                 3. In view of the unexplained delay, this application is

                    dismissed on the ground of delay and laches only.



                                                           (Sandeep Kumar, J)
Vikas/-

U

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