Patna High Court

Rajesh KumarversusThe State of Bihar

Decided: 30 January 2026
Disposal: DISPOSED
Bench: RAJESH KUMAR VERMA

Holding

The court held that the criminal miscellaneous case may be restored as the petitioner demonstrated sufficient cause for the earlier non‑compliance.

Summary

Petitioner Rajesh Kumar filed an application seeking restoration of Criminal Miscellaneous No.33154 of 2025, which had been dismissed for failure to comply with an order dated 16-06-2025. The petitioner argued that the defects pointed out by the court could be remedied if given an opportunity. The learned counsel for the State opposed the restoration, contending that the dismissal was proper due to non‑compliance. The Hon'ble Justice Rajesh Kumar Verma examined the merits of the restoration request and found the petitioner’s reasons satisfactory. Consequently, the court allowed the restoration of the case and granted the petitioner two weeks to rectify the identified defects.

Issues considered

Whether the criminal miscellaneous case No.33154 of 2025 can be restored despite its earlier dismissal for non‑compliance of the order dated 16-06-2025?
Whether the petitioner is entitled to a further period to remove the procedural defects?

Subjects

restoration of criminal proceedings
procedural compliance
criminal miscellaneous case
high court order
dismissal and restoration

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5769 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.33154 of 2025
                         Arising Out of PS. Case No.-275 Year-2022 Thana- FATUA District- Patna
                 ======================================================
                 Rajesh Kumar S/o Brijan Singh R/o Village- Balwa, PS- Fatuha, District-
                 Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bablu Kumar, Advocate
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-01-2026                    Heard Mr.Bablu Kumar,learned counsel for the

                   petitioner and Mr.Chandra Bhushan Prasad,learned A.P.P. for

                   the State.

                                2. This application has been filed for restoration of

                   Cr. Misc. No.33154 of 2025 which stood dismissed for non-

                   compliance of order dated 16.06.2025.

                                  3. For the reasons stated in the restoration

                   application, the prayer for restoration is allowed and                          Cr.

                   Misc. No.33154 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.5769 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.33154 of 2025.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T

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