Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court restored Criminal Miscellaneous Case No. 77816 of 2025 to its original file.
Summary
Sonu Kumar filed a petition before the Patna High Court seeking restoration of Criminal Miscellaneous Case No. 77816 of 2025, which had been dismissed for failure to comply with an order dated 15-11-2025. The petitioner argued that the defects pointed out by the court could be remedied and requested that the case be reinstated. The learned counsel for the State opposed the restoration, contending that the procedural lapse justified the dismissal. The Court examined the reasons set out in the restoration application and found them sufficient to warrant reinstatement. Consequently, the Court ordered that the case be restored to its original file and granted the petitioner two weeks to rectify the identified defects. The restoration application was therefore allowed.
Issues considered
- Whether a criminal miscellaneous case dismissed for non‑compliance with a court order can be restored upon filing of a restoration application?
Subjects
- criminal procedure
- restoration of case
- non‑compliance
- Patna High Court
- criminal miscellaneous proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5764 of 2026
In
CRIMINAL MISCELLANEOUS No.77816 of 2025
Arising Out of PS. Case No.-60 Year-2023 Thana- BALIGAON District- Vaishali
======================================================
Sonu Kumar S/O Late Suresh Rai Resident of Village- Chak Dohari, P.S-
Baligaon, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nitish Kumar, Advocate
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-01-2026 Heard Mr.Nitish Kumar, learned counsel for the
petitioner and Ms.Suman Kumari Singh, learned A.P.P. for the
State.
2. This application has been filed for restoration of
Cr. Misc. No.77816 of 2025 which stood dismissed for non-
compliance of order dated 15.11.2025.
3. For the reasons stated in the restoration
application, the prayer for restoration is allowed and Cr. Misc.
No. 77816 of 2025 is restored to its original file.
4. Accordingly, the restoration application stands
allowed.
5. As prayed for, further two weeks time is allowed
Patna High Court CR. MISC. No.5764 of 2026(2) dt.30-01-2026
2/2
to the petitioner to remove the defects, as pointed out by the
office, in Cr. Misc. No.77816 of 2025.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…