Patna High Court
Pranay Kumar SinhaversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the dismissed criminal miscellaneous case should be restored, subject to the petitioner depositing Rs. 5,000.
Summary
The petitioner, Pranay Kumar Sinha, filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No. 16857 of 2025, which had been dismissed for default on 30 April 2025. The State of Bihar and a co-accused, Amit Kumar, were the opposite parties. The petitioner’s counsel, Mr. Satyaveer Jha, argued that the default dismissal was inadvertent and that the petitioner was ready to comply with procedural requirements. The Court examined the submissions and found them satisfactory, noting that the petitioner was willing to deposit a prescribed sum. Consequently, the Court allowed the restoration application, conditioning it on a deposit of Rs. 5,000 to the Patna High Court Legal Services Committee. The Office was directed to verify and restore the dismissed case to its original file.
Issues considered
- Whether a criminal miscellaneous case dismissed for default may be restored upon filing of a restoration application.
Subjects
- restoration of criminal case
- default dismissal
- procedural law
- criminal miscellaneous
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45866 of 2025
In
CRIMINAL MISCELLANEOUS No.16857 of 2025
Arising Out of PS. Case No.-710 Year-2023 Thana- GAYA KOTWALI District- Gaya
======================================================
Pranay Kumar Sinha S/o Late Sri Hriday Kumar Sinha resident of Vatsala
School, New Area More, Khairat Ahamad Road, Piperpanti, New Godown,
P.S.- Kotwali, District- Gaya, Bihar, Pin- 823002, Aadhar Number-
869774293129 Mobile Number 9934265343
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Amit Kumar S/o Sri Devnarayan Singh @ Kallu Singh R/o Mohalla- Bairagi
More, P.S.- Kotwali, Distt- Gaya, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyaveer Jha, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. This application has been filed for restoration of
Cr. Misc. No. 16857 of 2025 which stood dismissed for
default vide order dated 30.04.2025 .
3 . The submissions advanced by learned counsel
appearing on behalf of the petitioner and reasons mentioned in
the restoration application are accepted and this restoration
petition is allowed, subject to condition that petitioner shall
deposit a sum of Rs. 5,000/- in the office of Patna High Court
Legal Services Committee, Patna .
Patna High Court CR. MISC. No.45866 of 2025(4) dt.09-01-2026
2/2
4. Office is directed to verify and restore Cr. Misc.
No. 16857 of 2025 to its original file .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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