Patna High Court
Harinath RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The court restored the dismissed criminal miscellaneous application, subject to payment of Rs.1,000.
Summary
The petitioners filed a criminal miscellaneous application (No. 22736 of 2026) seeking restoration after it had been dismissed for default on 16 April 2026. They alleged that they could not appear in court to argue the case due to reasons explained in the petition. The learned counsel for the State was present and did not oppose the restoration. The Hon'ble Justice Dr. Anshuman, satisfied with the petitioners' explanation, ordered that the dismissed application be restored to the original record, subject to a payment of Rs.1,000 to the Advocates’ Association, Patna High Court. Consequently, the miscellaneous application was allowed.
Issues considered
- Whether a criminal miscellaneous application dismissed for default can be restored on account of the petitioner's inability to appear in court
Subjects
- restoration
- criminal miscellaneous
- default dismissal
- procedural law
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31093 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- NAWANAGAR District- Buxar
======================================================
1. Harinath Ram S/o Late Kailash Ram R/o Village- Turaon Khas, P.S.
Nawanagar, District - Buxar
2. Aditya Raj @ Shusil Ram S/o Harinath Ram R/o Village- Turaon Khas, P.S.
Nawanagar, District - Buxar
3. Puja Devi @ Puja Kumari W/o Shashikant Ram R/o Village- Turaon Khas,
P.S. Nawanagar, District - Buxar
4. Saraswati Devi W/o Harinath Ram R/o Village- Turaon Khas, P.S.
Nawanagar, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-05-2026 Learned counsel for the petitioners and learned
counsel for the State are present.
2. The present application has been filed for
restoration of Cr. Misc. No. 22736 of 2026 which was dismissed
for default on 16.04.2026.
3. Learned counsel for the petitioners submits that
due to the reason mentioned in the petition he could not present
in the Court to argue the case.
4. Being satisfied with the reasons mentioned in the
petition, let Cr. Misc. No. 22736 of 2026 is directed to be
Patna High Court CR. MISC. No.31093 of 2026(2) dt.08-05-2026
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restored to its original record subject to payment of Rs.1,000/-
(Rupees one thousand) in the account of Advocates’
Association, Patna High Court.
5. Accordingly, this miscellaneous application is
allowed.
(Dr. Anshuman, J)
Mkr./-
U T
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