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Patna High Court

Raja Kumar Sahani @ Raja SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed the restoration of the dismissed criminal miscellaneous case subject to a deposit of Rs.10,000 by each petitioner.

Summary

Petitioners Raja Kumar Sahani and Rajesh Kumar Sahani filed an application seeking restoration of Criminal Miscellaneous No. 38411 of 2025, which had been dismissed for default on 22 September 2025. The petition argued that the dismissal was erroneous and requested the court to reinstate the case. The court examined the submissions and found them satisfactory. It ordered that the petition be allowed, conditional upon each petitioner depositing Rs.10,000 with the Patna High Court Legal Services Committee. The court directed the office to verify the deposit and restore the case to its original file.

Issues considered

  • Whether a criminal miscellaneous case dismissed for default may be restored upon filing a restoration application

Subjects

  • restoration
  • criminal miscellaneous
  • default dismissal
  • legal services deposit

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79510 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.38411 of 2025
                    Arising Out of PS. Case No.-142 Year-2024 Thana- MADHEPUR District- Madhubani
               ======================================================
           1 . Raja Kumar Sahani @ Raja Sahni S/O Surendra Prasad Sahani R/O Village-
                Pachahi, P.S- Madhepur, Distt.- Madhubani.
           2.    Rajesh Kumar Sahani @ Rajesh Sahni S/O Surendra Prasad Sahani R/O
                 Village- Pachahi, P.S- Madhepura, Distt.- Madhubani.

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

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

3   18-02-2026                    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. 38411 of 2025 which stood dismissed for

                   default vide order dated 22.09.2025 .

                                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. 10,000/- (each) 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.79510 of 2025(3) dt.18-02-2026
                                                        2/2




                      No. 38411 of 2025 to its original file .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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