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Patna High Court

MODANAND JHAversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the dismissal for default was set aside and the case restored to its original file.

Summary

Modanand Jha filed an application seeking restoration of Criminal Miscellaneous No. 55980 of 2021, which had been dismissed for default on 20 March 2025. The petitioner argued that the dismissal was erroneous and that the case should be reinstated to allow the substantive proceedings to continue. The State of Bihar opposed the restoration, contending that the procedural default justified the dismissal. Justice Sandeep Kumar examined the reasons presented in the restoration application and found them sufficient to set aside the default dismissal. Consequently, the court ordered that the dismissed case be restored to its original file and listed before an appropriate bench for further hearing.

Issues considered

  • Whether a criminal miscellaneous case dismissed for default can be restored upon application of the petitioner

Subjects

  • restoration of criminal proceedings
  • default dismissal
  • criminal miscellaneous case
  • procedural law

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.88652 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.55980 of 2021
                   Arising Out of PS. Case No.-2608 Year-2018 Thana- COMPLAINT CASE District- Araria
                  ======================================================
                  Modanand Jha S/O Late Upendra Jha R/O Vill.- Fulsara, Ward No. 10, P.S.-
                  Palasi, Dist.- Araria

                                                                                  ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar Patna
            2.    Bhagwan Mishra S/O Late Navkant Mishra R/O Vill.- Fulsara, Ward no. 10,
                  P.S.- Palasi, Dist.- Araria

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Hansraj
                  For the Opposite Party/s :      Mr. Md. Matloob Rab
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    12-02-2026                  Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. The present application has been filed for

                    restoration of Cr. Misc. No. 55980 of 2021 which was dismissed

                    for default on 20.03.2025.

                                 3. For the reasons mentioned in the restoration

                    application, the same is allowed and accordingly, Cr. Misc. No.

                    55980 of 2021 is restored to its original file.

                                 4. Let the main case i.e., Cr. Misc. No. 55980 of 2021

                    be listed before an appropriate Bench.



                                                              (Sandeep Kumar, J)
Shishir/-

U


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