Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.