Patna High Court
Prinshu PrakashversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The restoration petition is allowed subject to the petitioner depositing Rs. 5,000 with the Legal Services Committee.
Summary
Prinshu Prakash filed an application seeking restoration of Criminal Miscellaneous Case No. 8941 of 2025, which had been dismissed for failure to comply with a preemptory order dated 22‑03‑2025. The petitioner argued that the reasons for non‑compliance justified reinstating the case. The High Court examined the submissions and found them satisfactory. The Court ordered that the restoration petition be allowed, subject to the petitioner depositing Rs. 5,000 with the Patna High Court Legal Services Committee. The Court further directed the office to verify the documents and restore the case to its original file.
Issues considered
- Whether the criminal miscellaneous case dismissed for non‑compliance with a preemptory order can be restored?
Subjects
- criminal procedure
- restoration of case
- preemptory order
- High Court
- legal services committee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63227 of 2025
In
CRIMINAL MISCELLANEOUS No.8941 of 2025
Arising Out of PS. Case No.-771 Year-2019 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Prinshu Prakash S/o- Pramod Sinha R/o- Pathar Ki Masjid Tekari Road,
Mishri Tola Ps- Sultanganj Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sushma Kumari @ Sushma @ Moni W/o- Prinshu Prakash, D/o- Shree
Sunil Sinha R/o- Pathar Ki Masjid Tekari Road, Mishri Tola Ps- Sultanganj
Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Rita Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 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. 8941 of 2025 which stood dismissed due to
non-compliance of premptory order dated 22.03.2025.
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.63227 of 2025(3) dt.09-01-2026
2/2
4. Office is directed to verify and restore Cr. Misc.
No. 8941 of 2025 to its original file .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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