Patna High Court
Satya Narayan MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The Court held that the dismissal for default could be set aside and the criminal miscellaneous proceeding restored as the petitioner had made out a case for restoration.
Summary
The petitioner, Satya Narayan Mahto, filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No. 57539 of 2021, which had been dismissed for default on 3 July 2024 for non‑compliance with a peremptory order dated 15 May 2024. The petitioner argued that sufficient cause existed to set aside the dismissal. The Court examined the petition and the reasons for default, and was satisfied that the petitioner had made out a case for restoration. Accordingly, the Court allowed the restoration application. The dismissed criminal miscellaneous proceeding was restored to its original file.
Issues considered
- Whether a criminal miscellaneous proceeding dismissed for default can be restored upon filing of an application by the petitioner
Subjects
- restoration of criminal case
- default dismissal
- criminal miscellaneous proceedings
- high court order
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3863 of 2026
In
CRIMINAL MISCELLANEOUS No.57539 of 2021
Arising Out of PS. Case No.-97 Year-2018 Thana- PATEPUR District- Vaishali
======================================================
Satya Narayan Mahto, Son of Late Ram Pratap Mahto, Resident of village-
Dhankaul, PS- Patepur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Shah Nawaz Ali, Advocate
Mr. Bipin Kumar, Advocate
Mr. Md. Nazir Ansari, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 25-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The instant application has been filed for
restoration of Cr. Misc. no.57539 of 2021, which stood
dismissed for default on 3.7.2024 for non-compliance of the
peremptory order dated 15.5.2024.
3. Having heard learned counsel for the parties and
having perused the contents of the petition, the Court is satisfied
that the petitioner has made out a case for restoration of Cr. Misc.
no.57539 of 2021.
4. The restoration application stands allowed.
Patna High Court CR. MISC. No.3863 of 2026(3) dt.25-02-2026
2/2
5. Cr. Misc. no.57539 of 2021 is restored to its
original file.
(Partha Sarthy, J)
avinash/-
U T
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