Patna High Court
Sheikh Ramjan @ Md. Ramjan AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The restoration petition is allowed, and the requisites are to be accepted upon payment of the prescribed deposit.
Summary
Petitioners Sheikh Ramjan and Sheikh Sakir filed a restoration petition (Cr. Misc. No. 8953 of 2026) seeking to revive a previously dismissed criminal miscellaneous petition (Cr. Misc. No. 53916 of 2025) that had been dismissed for failure to comply with a court order dated 18‑08‑2025. They explained that the required requisites were not filed within the two‑week deadline of 01‑09‑2025 due to inadvertence, but were later filed on 22‑12‑2025. The court considered whether the delay could be condoned and the requisites accepted. The judge ordered that the requisites be accepted, provided the petitioners each deposit Rs.5,000 with the Patna High Court Legal Services Authority within four weeks. Consequently, the restoration petition was allowed, reinstating the earlier dismissed case.
Issues considered
- Whether a criminal miscellaneous petition dismissed for non‑compliance with a court order can be restored on account of inadvertent delay in filing the requisite documents.
Subjects
- restoration of petition
- criminal miscellaneous
- procedural compliance
- high court order
- legal services authority
- deposit requirement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8953 of 2026
In
CRIMINAL MISCELLANEOUS No.53916 of 2025
Arising Out of PS. Case No.-46 Year-2023 Thana- BALTHAR District- West Champaran
======================================================
1 . Sheikh Ramjan @ Md. Ramjan Alam S/O Ziaul Haque @ Ziaul Hak R/O
Vill.- Lakhaura Bairagiya, P.S.- Balthar, Dist.- West Champaran.
2. Sheikh Sakir S/O Late Nek Mohammad R/O Vill.- Lakhaura Bairagiya, P.S.-
Balthar, Dist.- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gulnara Khatun W/O Sheikh Azad R/O Vill.- Bairagiya, P.S.- Balthar, Dist.-
West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Instant restoration petition has been filed for
restoration of Cr. Misc. No. 53916 of 2025 which stood
dismissed for non-compliance of order dated 18.08.2025 .
2. Learned counsel for the petitioners submits that due
to inadvertence, requisites could not be filed within time i. e ,.
two weeks till 01.09.2025 , though the order of the Hon’ble
Court for has been complied belatedly, and the same has been
filed on 22.12.2025 .
3 . In view of the reasons mentioned in the restoration
petition, office to accept the requisites and to proceed for
Patna High Court CR. MISC. No.8953 of 2026(2) dt.18-02-2026
2/2
issuance of notice , provided petitioners shall deposit Rs.5000/-
( Rs. Five Thousand ) each to the Patna High Court Legal
Services Authority within a period of four weeks from today .
4. Restoration petition is thus allowed.
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…