Patna High Court
Awdhesh Kumar @ Swdhesh Yadav @ Awdhesh Yadav @ Sorabh @ Abadhesh Prasad @ Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The Court held that the criminal miscellaneous proceeding dismissed for default may be restored upon a proper application.
Summary
The petitioners, Awdhesh Kumar and co‑accused, filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No.80439 of 2024, which had been dismissed for default due to their non‑appearance as per the order dated 28‑11‑2025. The petition argued that the dismissal was erroneous and requested that the case be reinstated to its original file. The Court examined the grounds raised in the petition and found merit to allow the restoration. Consequently, the Court ordered that the dismissed criminal miscellaneous be restored, subject to a cost of Rs.1,500 to be deposited by the petitioner's counsel. The order also directed that the restoration application stand allowed.
Issues considered
- Whether a criminal miscellaneous proceeding dismissed for default can be restored upon application by the petitioner?
Subjects
- restoration of criminal proceedings
- default dismissal
- criminal miscellaneous
- cost order
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34 of 2026
In
CRIMINAL MISCELLANEOUS No.80439 of 2024
Arising Out of PS. Case No.-863 Year-2022 Thana- BIHAR District- Nalanda
======================================================
Awdhesh Kumar @ Swdhesh Yadav @ Awdhesh Yadav @ Sorabh @
Abadhesh Prasad @ Saurabh Kumar S/O- Lalan Yadav R/O Village-
Piprapatti (Sgiper Patti),P.S.- Kadirganj, District-Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Adv.
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-01-2026 Learned Counsel for the petitioner and Learned APP
for the State are present.
2. Counsel for the petitioner submits that the present
application has been filed for restoration of Cr. Misc. No.80439
of 2024, which was dismissed due to default for non-appearance
vide order dated 28.11.2025.
3. Upon perusal of the ground mentioned in the
petition, the present restoration application is hereby allowed
and Cr. Misc. No.80439 of 2024 is hereby restored to its original
file, subject to cost of Rs.1,500/- imposed upon the counsel for
the petitioner, which shall be deposited in the account of Patna
High Court Advocates’ Association.
Patna High Court CR. MISC. No.34 of 2026(2) dt.09-01-2026
2/2
4. Accordingly, the present restoration application
stands allowed.
(Dr. Anshuman, J)
Prakashmani/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.