Created by Fuzzy Cloud

Patna High Court

Abhay Kumar @ Abhay Singh @ Avay KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the dismissed criminal miscellaneous application may be restored.

Summary

The petitioner, Abhay Kumar, filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No. 63844 of 2021, which had been dismissed for default on 23 July 2024 for failure to comply with a peremptory order dated 25 June 2024. The State of Bihar opposed the restoration. The Court heard arguments from both sides and examined the petitioner's submissions. It was satisfied that the petitioner had made out a case for restoration of the main application. Consequently, the Court allowed the restoration application and ordered that the dismissed criminal miscellaneous be restored to its original file.

Issues considered

  • Whether a criminal miscellaneous application dismissed for default due to non‑compliance with a peremptory order can be restored.

Subjects

  • restoration of dismissed case
  • peremptory order
  • criminal miscellaneous
  • default dismissal
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28674 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.63844 of 2021
                          Arising Out of PS. Case No.-97 Year-2019 Thana- SC/ST District- Rohtas
                 ======================================================
                 Abhay Kumar @ Abhay Singh @ Avay Kumar son of Madan Singh Resident
                 Of Village And Po Ghusiyan Kala, (Soharniya Bal), Ps- Bikramganj, Dist
                 -Rohtas


                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                                               ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Tiwary, Advocate
                 For the Opposite Party/s :        Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   24-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The instant application has been filed for

                   restoration of Cr. Misc. no.63844 of 2021, which stood

                   dismissed for default on 23.7.2024 for non-compliance of the

                   peremptory order dated 25.6.2024.

                                3. Having heard learned counsel for the parties and

                   taking into consideration the submissions made and the

                   contents of the petition, the Court is satisfied that the petitioner

                   has made out a case for restoration of the main application.

                                4. The restoration application stands allowed.
             Patna High Court CR. MISC. No.28674 of 2026(2) dt.24-04-2026
                                                         2/2




                                    5. Cr. Misc. no.63844 of 2021 is restored to its

                       original file.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.