Patna High Court
Suman Kumar Rai @ Suman RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The court restored the dismissed criminal miscellaneous case, subject to verification and a Rs 1,000 deposit, despite the delay in compliance.
Summary
The petitioner, Suman Kumar Rai, filed an application seeking restoration of Criminal Miscellaneous No. 72139 of 2024, which had been dismissed for non‑compliance with a peremptory order dated 28‑01‑2025. The petitioner argued that a joint affidavit was filed, but only after the seven‑day deadline prescribed by the court. The court examined whether the delay justified dismissal or if the case could be reinstated. It held that, despite the delay, the application could be allowed on the basis of the reasons provided. Consequently, the court restored the case to its original file, subject to verification by the office and a condition that the petitioner deposit Rs 1,000 with the Lawyers’ Association Welfare Benevolent Fund. The order was pronounced by Justice Anil Kumar Sinha.
Issues considered
- Whether a criminal miscellaneous case dismissed for non‑compliance with a peremptory order can be restored despite a delay in filing the required affidavit.
Subjects
- restoration of case
- criminal miscellaneous
- peremptory order
- delay in compliance
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28267 of 2026
In
CRIMINAL MISCELLANEOUS No.72139 of 2024
Arising Out of PS. Case No.-275 Year-2024 Thana- DARIYAPUR District- Saran
======================================================
Suman Kumar Rai @ Suman Rai S/O Naresh Rai R/O Village- Saidpur, Digh-
wara, P.S.- Dighwara, Dist.- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Guriya Kumari D/O Sugreev Prasad Yadav R/O Vill.- Adampur, P.S.-
Dariyapur, Dist.- Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Kumar
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 24-04-2026 1. Heard the parties.
2. The present application has been filed for restoration of
Cr. Misc. No. 72139 / 2024, which got dismissed due to non
compliance of peremptory order dated 28.01.2025.
3. Learned counsel for the petitioner submits that in
compliance of this court’s order dated 28.01.2025 jointness
affidavit has been filed but after expiry of seven months of the
peremptory time granted by this court.
4. For the reasons stated in this application, the same is
allowed and the connected case bearing Cr. Misc. No. 72139 of
2024 is restored to its original file subject to verification made
by the office and further condition that the petitioner shall
Patna High Court CR. MISC. No.28267 of 2026(2) dt.24-04-2026
2/2
deposit Rs. 1,000/- before the Lawyers’ Association Welfare
Benevolent Fund, Patna High Court, Patna having A/c No.
7801893276, I.F.S.C. Code- IDIB000L501, L.N. Mishra
Institute Branch, Patna.
(Anil Kumar Sinha, J)
praful/-
U T
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