Patna High Court

Bishmillah KhatoonversusThe State of Bihar

Decided: 11 March 2026
Disposal: DISMISSED
Bench: BIBEK CHAUDHURI

Holding

The application under Section 5 of the Limitation Act is dismissed for non‑compliance with the requirement to disclose the period of limitation and grounds for delay.

Summary

The petitioners sought restoration of Criminal Miscellaneous No. 6788 of 2017 and filed an application under Section 5 of the Limitation Act to set aside the bar of limitation. The court observed that the petitioners failed to specify the number of days by which the limitation period had expired and did not disclose any grounds for the delay. Because these essential particulars were omitted, the court could not assess the merits of the limitation defence. Consequently, the application under Section 5 of the Limitation Act was dismissed. Following that dismissal, the petition for restoration of the criminal case was also rejected.

Issues considered

Whether an application under Section 5 of the Limitation Act can be entertained when the petitioner does not state the period of limitation and the reasons for delay.

Legislation cited

Limitation Act — s. 5

Subjects

Limitation Act
Section 5
Restoration of criminal case
Procedural default
Bar of limitation

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.63223 of 2025
                                                 In
                              CRIMINAL MISCELLANEOUS No.6788 of 2017
                  ======================================================
             1.    Bishmillah Khatoon W/o- Late Abdul Karim Village- Kumharuli PS-
                   Kamtaul District- Darbhanga
             2.   Chunni Khatoon W/o- Md. Manzar Village- Kumharuli PS-Kamtaul
                  District- Darbhanga
             3.   Fatma @ Fatima Khatoon D/o- Md. Manzar Village- Kumharuli PS-Kamtaul
                  District- Darbhanga
             4.   Md. Manzar @ Md. Manzarul Islam S/o- Late Abdul Karim Village-
                  Kumharuli PS-Kamtaul District- Darbhanga
             5.   Md. Anzar S/o- Late Abdul Karim Village- Kumharuli PS-Kamtaul District-
                  Darbhanga
                                                                        ... ... Petitioner/s
                                                  Versus
             1.   The State of Bihar
             2.    Nemat Pravin D/o- Abdus Shakoor Village- Bachharpur PS-Pupri District-
                   Sitamarhi
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :   Mr. Md. Shamimul Hoda, Advocate
                  For the Opposite Party/s :   Mr. Sunil Kumar Pandey, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                        ORAL ORDER

5    11-03-2026                  Since, the petitioner has not mentioned the number of

                    days, for which the application for restoration is barred by

                    limitation and also failed to described the grounds for delay.

                                 2. The application under Section 5 of the Limitation

                    Act is dismissed.

                                 3. In view of the dismissal of the application under

                    Section 5 of the Limitation Act, the application for restoration of

                    Cr. Misc. No.6788 of 2017 is also dismissed.


                                               (Bibek Chaudhuri, J)
mdrashid/-
U      T

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