Patna High Court

Mantu KumarversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: BIBEK CHAUDHURI

Holding

The application for restoration is allowed because it was filed within the statutory limitation period.

Summary

Mantu Kumar filed a petition seeking restoration of Criminal Revision No. 191 of 2019, which had been dismissed for default on 20 December 2025 due to non‑compliance with an order dated 13 December 2025. The petitioner submitted an application for restoration on 15 January 2026, claiming it was within the statutory limitation period. The court examined whether the timely filing cured the earlier default. It held that the application was indeed filed within the prescribed period. Consequently, the court allowed the restoration of the revision petition. The restored revision petition was ordered to be placed back in the court file.

Issues considered

Whether an application for restoration of a criminal revision dismissed for default can be entertained when filed within the statutory limitation period

Subjects

criminal revision
restoration
default dismissal
limitation period
court procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3099 of 2026
                                               In
                                  CRIMINAL REVISION No.191 of 2019
                          Arising Out of PS. Case No.-276 Year-2015 Thana- FATUA District- Patna
                  ======================================================
                  Mantu Kumar Son of Mahendra Prasad Resident of village- Narayana P S
                  -Fatwa District -Patna                               ... ... Petitioner/s
                                               Versus
             1.    The State of Bihar
             2.   Pappu Yadav Son of Shri Chandeshwar Yadav Resident of village- Dumari,
                  P S -Fatwa District -Patna
             3.   Chandeshwar Prasad Son of Vivek yadav Resident of village- Narayana P S
                  -Fatwa District -Patna
             4.    Vivek Yadav @ Vivek Gope Son of Late Ram Briksh Yadav Resident of
                   village- Narayana P S -Fatwa District -Patna ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Nilanjan Chatterjee, Advocate
                  For the Opposite Party/s :       Mr. Arun Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                        ORAL ORDER

2    18-02-2026                    This is an application for restoration of Cr. Rev. No.

                    191 of 2019, which was dismissed for default vide on 20 th

                    December, 2025 for non-compliance of the order dated 13th

                    December, 2025.

                                 2. The application for restoration within the statutory

                    period of limitation on 15th January, 2026.

                                 3. Therefore the application for restoration is allowed.

                                 4. The Cr. Rev. No. 191 of 2019 be restored to its file.



                                               (Bibek Chaudhuri, J)
Jyoti Kumari/-
U

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