Patna High Court

Dhiraj KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: ALLOWED
Bench: NAWNEET KUMAR PANDEY

Holding

The court held that the criminal miscellaneous case dismissed in default may be restored to its original file.

Summary

The petitioner, Dhiraj Kumar, filed an application seeking restoration of Criminal Miscellaneous No. 38426 of 2025, which had been dismissed in default on 2 December 2025. The application was heard on 6 February 2026 before Justice Nawneet Kumar Pandey. The petitioner argued that the dismissal was erroneous and that the case should be reinstated to its original file. The court examined the merits of the restoration request and found no impediment to reinstating the proceedings. Accordingly, the court allowed the restoration application and ordered that the case be listed within a week. The order restored the case to its original number and file for further hearing.

Issues considered

Whether a criminal miscellaneous case dismissed in default may be restored upon the petitioner's application.

Subjects

restoration of proceedings
criminal miscellaneous case
default dismissal
procedure
High Court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8866 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.38426 of 2025
                   Arising Out of PS. Case No.-413 Year-2024 Thana- HARSIDHI District- East Champaran
                  ======================================================
                  Dhiraj Kumar S/O Shatrudhan Sahani Resident of Village- Sonbarsa, PS-
                  Town Harsidhi, District- East Champaran, Motihari
                                                                       ... ... Petitioner/s
                                                    Versus
            1.     The State of Bihar
            2.     Khushboo Kumari D/O Dasai Sahani Resident of Village- Harsidhi Pakadia,
                   PS- Harasidhi, District- East Champaran, Motihari
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Sharda Nand Mishra, Adv.
                  For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER

2    06-02-2026                  Heard.

                                 2. The present application has been filed for restoration of

                    Cr. Misc. No. 38426 of 2025 which stood dismissed in default by

                    order dated 02-12-2025.

                                 2. For the reasons stated in the application, this restoration

                    application is allowed and Cr. Misc. No. 38426 of 2025 is restored to

                    its original file and number.

                                 3. List Cr. Misc. No. 38426 of 2025 within a period of

                    one week.



                                          (Nawneet Kumar Pandey, J)
A.K.V.//-
U       T

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