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Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court restored Criminal Miscellaneous No. 56306 of 2025, subject to the petitioner depositing Rs.5,000 with the Legal Services Committee.

Summary

The petitioner, Shivam Kumar, filed an application seeking restoration of Criminal Miscellaneous No. 56306 of 2025, which had been dismissed for failure to comply with a pre‑emptory order dated 25‑08‑2025. The petitioner argued that the reasons for non‑compliance justified reinstating the case. The High Court examined whether the dismissal could be set aside despite the procedural lapse. The Court accepted the petitioner's submissions and ordered restoration of the case, imposing a condition that the petitioner deposit Rs.5,000 with the Patna High Court Legal Services Committee. The Office of the Court was directed to verify the deposit and restore the case to its original file.

Issues considered

  • Whether a criminal miscellaneous proceeding dismissed for non‑compliance with a pre‑emptory order can be restored upon filing a restoration application.
  • Whether imposing a monetary deposit as a condition for restoration is within the Court's powers.

Subjects

  • restoration of criminal proceedings
  • pre‑emptory order
  • non‑compliance
  • Legal Services Committee
  • High Court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76973 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.56306 of 2025
                     Arising Out of PS. Case No.-39 Year-2024 Thana- MAHILA PS District- Jehanabad
                 ======================================================
                 Shivam Kumar S/O Ashok Kumar Resident Of Village- Aryapath Malahchak,
                 More Jehanabad, P.S- Jehanabad, Distt.- Jehanabad.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Shivani Kumari D/O Bhola Sow R/O Village- Bisunjanj, P.S- Bisunganj,
                 Distt.- Jehanabad.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nityanand Neeraj, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   09-01-2026                         Heard learned counsel for the petitioners and

                   learned A.P.P. for the State .

                                2. This application has been filed for restoration of

                   Cr. Misc. No. 56306 of 2025 which stood dismissed due to

                   non-compliance of pre–emptory order dated 25.08.2025 .

                                3 . The submissions advanced by learned counsel

                   appearing on behalf of the petitioners and reasons mentioned in

                   the restoration application are accepted and this restoration

                   petition is allowed, subject to condition that petitioners shall

                   deposit a sum of Rs. 5,000/- in the office of Patna High Court

                   Legal Services Committee, Patna .

                                4. Office is directed to verify and restore Cr. Misc.
            Patna High Court CR. MISC. No.76973 of 2025(3) dt.09-01-2026
                                                        2/2




                      No. 56306 of 2025 to its original file .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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