Patna High Court
Bhagwan Mahto @ Sri Bhagwan MahtoversusThe State of Bihar
- Decided
- Disposal
- D.F.D. (PRE-EMPTORY)
- Bench
- ARUN KUMAR JHA
Holding
The petition is dismissed for non‑compliance with the order to remove defects and pay the prescribed cost.
Summary
Petitioner Bhagwan Mahto filed a criminal miscellaneous petition before the Patna High Court. The court ordered the petitioner’s counsel to rectify defects in the petition and to deposit a cost of Rs.2,000 in the Legal Services Committee account. The counsel failed to remove the defects within the two‑week deadline and also did not pay the prescribed cost, despite being granted an additional opportunity on 5 December 2025. The counsel subsequently sought a reduction of the cost, claiming the petitioner’s inability to pay. The court found no merit in the petitioner's request for sympathy and held that the non‑compliance warranted dismissal. Consequently, the petition was dismissed for failure to comply with the court’s orders.
Issues considered
- Whether a petition may be dismissed for failure to remove procedural defects and to pay the court‑ordered cost
Subjects
- procedural defect
- cost of litigation
- petition dismissal
- non‑compliance
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80991 of 2025
In
CRIMINAL MISCELLANEOUS No.23468 of 2025
Arising Out of PS. Case No.-131 Year-2023 Thana- JURAWANPUR District- Vaishali
======================================================
Bhagwan Mahto @ Sri Bhagwan Mahto S/O Late Ramdas Mahto Resident of
Village- Raghopur Bindtoliya, P.S- Jurawanpur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate
For the State : Mr. Anant Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 09-01-2026 No steps have been taken by the learned counsel
towards removal of defects. Even the cost of Rs.2,000/- was not
deposited.
2. Learned counsel appearing on behalf of the
petitioner submits that the cost may be reduced as the petitioner
is not in a position to make payment of this much amount.
3. On 21.11.2025, at the request of learned counsel for
the petitioner, he was directed to remove the defects within two
weeks and it was made clear that in case of non-compliance, the
petition would be dismissed. Learned counsel for the petitioner
did not take step towards removal of defects within the
stipulated period. On the next date of hearing, i.e., 05.12.2025,
again request was made for grant of time for removal of defects
Patna High Court CR. MISC. No.80991 of 2025(4) dt.09-01-2026
2/2
which was accepted subject to payment of cost of Rs.2,000/- in
the account of Patna High Court Legal Services Committee.
This cost was not paid and now the learned counsel seeks
reduction of cost.
4. In the facts and circumstances, the petitioner does
not deserve any sympathy.
5. For non-compliance of order dated 05.12.2025, the
present petition stands dismissed.
(Arun Kumar Jha, J)
DKS/-
U T
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