Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: DISPOSED
Bench: RAJESH KUMAR VERMA

Holding

The court held that the criminal miscellaneous case should be restored to the file.

Summary

Vikash Kumar filed an application seeking restoration of Criminal Miscellaneous No. 3779 of 2026, which had been dismissed for non‑compliance with a peremptory order dated 27‑01‑2026. The petitioner submitted the required requisites, including notice to the second opposite party, after a three‑day period. The court examined the filing and found the requisites satisfactory. Accordingly, the court allowed the restoration application and ordered the case to be reinstated to its original file. The office was directed to accept the documents and proceed with the restored proceedings.

Issues considered

Whether a criminal miscellaneous case dismissed for non‑compliance with a peremptory order can be restored upon filing of the requisite documents?

Subjects

restoration of criminal proceedings
peremptory order
non‑compliance
criminal miscellaneous case
court procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27065 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.3779 of 2026
                         Arising Out of PS. Case No.-67 Year-2025 Thana- GURUA District- Gaya
                 ======================================================
                 Vikash Kumar S/O Rajesh Manjhi @ Rajesh Bhuiya R/o Village-
                 Shamsherkhap, P.S.- Amas, Dist.- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Yashoda Devi W/O Ramashrey Manjhi R/O Vill.- Tamarua, P.S.- Gurua,
                 Dist.- Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :       Ms.Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                    Heard Mr.Vijay Kumar, learned counsel for the

                   petitioner and Ms.Madhuri Lata, learned A.P.P. for the State.

                                2. This application has been filed for restoration of Cr.

                   Misc. No.3779 of 2026 which stood dismissed for non-

                   compliance of peremptory order dated 27.01.2026.

                                   3. For the reasons stated in the restoration

                   application, the prayer for restoration is allowed and Cr. Misc.

                   No.3779 of 2026 is restored to its original file.

                                4. Accordingly, the restoration application stands

                   allowed.

                                5. Learned counsel for the petitioner submits that he

                   has filed the requisites after three days for service of notice
               Patna High Court CR. MISC. No.27065 of 2026(2) dt.22-04-2026
                                                           2/2




                         upon opposite party No.2.

                                      6. The office is directed to accept the same and

                         proceed accordingly.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T

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