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Patna High Court

Reena DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is allowed and the dismissed application is restored to its original file subject to payment of Rs. 500 to the Legal Services Committee.

Summary

The petitioners, a group of relatives residing in Dhorlahi Kaithal, Saran, filed Criminal Miscellaneous Application No. 44141 of 2026 seeking restoration of Criminal Miscellaneous Application No. 77805 of 2025, which had been dismissed on 11-03-2026 for failure to comply with an order dated 17-01-2026 to remove defects within two weeks. The High Court examined whether the dismissal for non‑compliance could be set aside upon payment of a nominal fee. The Court held that the petition could be allowed provided the petitioners paid Rs. 500 to the Patna High Court Legal Services Committee. Consequently, the Court ordered the payment of the fee and restored the dismissed case to its original file. The order was pronounced by Justice Rajiv Roy on 03‑07‑2026.

Issues considered

  • What is the appropriate remedy when a criminal miscellaneous application is dismissed for non‑compliance with a court order?
  • Can the dismissal be set aside upon payment of a nominal fee to the Legal Services Committee?

Subjects

  • criminal procedure
  • restoration of dismissed case
  • non‑compliance
  • legal services fee
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44141 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.77805 of 2025
                        Arising Out of PS. Case No.-131 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
           1.     Reena Devi W/o Surendra Rai Resident of vill- Dhorlahi Kaithal, PS-
                  Amour, Distt.- Saran
           2.    Prince Kumar @ Prince Kumr Roy S/o Surendra Roy Resident of vill-
                 Dhorlahi Kaithal, PS- Amour, Distt.- Saran
           3.    Manjay Kumar Roy @ Monu Kumar S/o Surendra Roy Resident of vill-
                 Dhorlahi Kaithal, PS- Amour, Distt.- Saran
           4.    Golu Kumar @ Manish Kumar S/o Surendra Roy Resident of vill- Dhorlahi
                 Kaithal, PS- Amour, Distt.- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gauri Shankar Yadav, Adv.
                 For the Opposite Party/s :        Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   03-07-2026                    Heard the parties.

                                2. The present application has been preferred:

                                                        for restoration to its original file
                                              dismissed for Cr. Misc. No. 77805 of 2025
                                              for non-compliance order dated 17-01-2026,
                                              whereby the petitioner was directed to
                                              remove   the defects        within two weeks
                                              predentary and non-compliance of the which
                                              case was dismissed on 11-03-2026.
                                3. For the reasons assigned in Paragraph nos. 2 and 3

                   of the petition, the Cr. Misc. No. 44141 of 2026 is allowed
           Patna High Court CR. MISC. No.44141 of 2026(2) dt.03-07-2026
                                                       2/2




                     subject to payment of Rs. 500/- to Patna High Court Legal

                     Services Committee which in turn shall go to SUVAS (Supreme

                     Court Vidhik Anuvaad Software) Cell.

                                  4. Accordingly, the Cr. Misc. No. 77805 of 2025 is

                     restored to its original file.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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