Patna High Court

Amit Kumar PaswanversusThe State of Bihar

Decided: 3 April 2026
Disposal: ALLOWED
Bench: PARTHA SARTHY

Holding

The court held that the petitioner had made out a case for restoration and allowed the restoration of Criminal Miscellaneous No.68724 of 2021.

Summary

Amit Kumar Paswan filed an application seeking restoration of Criminal Miscellaneous No.68724 of 2021, which had been dismissed on 25 July 2024 for failure to comply with a peremptory order dated 27 June 2024. The petitioner argued that the reasons for non‑compliance were remedied and that the case merited reinstatement. The State of Bihar opposed the restoration. After hearing counsel for both sides, the Patna High Court found that the petitioner had made out a sufficient case for restoration. Consequently, the court allowed the restoration application and ordered that the dismissed criminal miscellaneous proceeding be restored to its original file.

Issues considered

Whether the criminal miscellaneous application dismissed for non‑compliance with a peremptory order can be restored?

Subjects

restoration of criminal proceedings
peremptory order
criminal miscellaneous case
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3132 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.68724 of 2021
                        Arising Out of PS. Case No.-538 Year-2019 Thana- NAGAR District- Vaishali
                 ======================================================
                 Amit Kumar Paswan Son of Chadrawali Paswan Resident of Village-
                 Fakirana, P.S.- Roser, District- Samastipur-848210


                                                                                    ... ... Petitioner/s
                                                        Versus


                 The State of Bihar

                                                                              ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Subodh Kumar, Advocate
                 For the Opposite Party/s :        Mr.Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   03-04-2026                  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.68724 of 2021, which stood

                   dismissed on 25.7.2024 for non-compliance of the peremptory

                   order dated 27.6.2024.

                                3. Having heard learned counsel for the parties and

                   having gone through 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.3132 of 2025(4) dt.03-04-2026
                                                     2/2




                                5. Cr. Misc. no.68724 of 2021 is restored to its

                   original file.



                                               (Partha Sarthy, J)
Shiv/-

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