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Patna High Court

Naresh Yadav @ Ram Naresh SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court restored Criminal Miscellaneous No. 74842 of 2025 to its original file, subject to the payment of Rs.1,000 to the Legal Services Committee.

Summary

The petitioners, Naresh Yadav and relatives, filed an application seeking restoration of Criminal Miscellaneous No. 74842 of 2025, which had been dismissed by a pre‑emptory order on 20‑02‑2026. The respondents, the State of Bihar and Awadh Bihari Singh, opposed the restoration. The High Court examined whether the dismissed petition could be revived and what conditions, if any, should be imposed. It held that the petition could be restored provided the petitioners paid a nominal fee of Rs.1,000 to the Patna High Court Legal Services Committee. Accordingly, the Court allowed Criminal Miscellaneous No. 28640 of 2026 subject to the payment and restored Criminal Miscellaneous No. 74842 of 2025 to its original file. The order was pronounced by Justice Rajiv Roy on 24‑04‑2026.

Issues considered

  • Whether a criminal miscellaneous petition dismissed by a pre‑emptory order can be restored to the court's file
  • What conditions, if any, may be imposed for such restoration

Subjects

  • restoration of criminal case
  • pre‑emptory order
  • legal services fee
  • criminal miscellaneous proceedings
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28640 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.74842 of 2025
                       Arising Out of PS. Case No.-251 Year-2025 Thana- OBRA District- Aurangabad
                 ======================================================
           1.     Naresh Yadav @ Ram Naresh Singh S/O Late Charitra Yadav @ Chalitar
                  Yadav R/O Village- Manikpur, P.S.- Obra, Distt.- Aurangabad.
           2.    Deepak Kumar S/O Naresh Yadav @ Ram Naresh Yadav R/O Village-
                 Manikpur, P.S.- Obra, Distt.- Aurangabad.
           3.    Pankaj Kumar S/O Bachan Singh @ Ram Pravesh Yadav R/O Village-
                 Manikpur, P.S.- Obra, Distt.- Aurangabad.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Awadh Bihari Singh S/O Late Deo Nandan Singh R/O Village- Manikpur,
                 P.S.- Obra, Distt.- Aurangabad.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Singh, Adv.
                 For the Opposite Party/s :        Mr. Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   24-04-2026                    Heard the parties.

                                2. The present application has been preferred for

                   restoration of Cr. Misc. No. 74842 of 2025 which was dismissed

                   by the pre-emptory order dated 20.02.2026 passed by this Court.

                                3. For the reasons assigned in Paragraph no. 4 of the

                   petition, the Cr. Misc. No. 28640 of 2026 is allowed subject to

                   payment of Rs. 1,000/- to Patna High Court Legal Services

                   Committee.

                                4. Accordingly, Cr. Misc. No. 74842 of 2025 is
           Patna High Court CR. MISC. No.28640 of 2026(2) dt.24-04-2026
                                                       2/2




                     restored to its original file.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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