Patna High Court

Indrajeet Kumar Singh @ Indrajeet K. SinghversusThe State of Bihar

Decided: 9 January 2026
Disposal: ALLOWED
Bench: ANIL KUMAR SINHA

Holding

The High Court allowed the restoration of the dismissed criminal miscellaneous case, subject to the petitioner correcting the identified defect within two weeks.

Summary

The petitioner, Indrajeet Kumar Singh, filed an application before the Patna High Court seeking restoration of Criminal Miscellaneous No. 57726 of 2024, which had been dismissed for non‑compliance with a peremptory order dated 17‑12‑2024. The court examined whether the dismissal could be set aside and the case reinstated upon the petitioner’s request. Relying on procedural provisions that allow a court to restore a dismissed proceeding if the defect is cured, the bench held that restoration was permissible. The court ordered that the case be restored to its original file, subject to the petitioner correcting the defect identified by the Stamp Reporter within two weeks. The order was pronounced by Justice Anil Kumar Sinha.

Issues considered

Whether a criminal miscellaneous case dismissed for non‑compliance with a peremptory order can be restored upon application?
Whether the petitioner must be given an opportunity to cure the procedural defect before restoration?

Subjects

Criminal Procedure Code
Restoration of Dismissed Case
Peremptory Order
High Court
Criminal Miscellaneous Proceedings

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.89750 of 2025
                                                  In
                                  CRIMINAL MISCELLANEOUS No.57726 of 2024
                             Arising Out of PS. Case No.-34 Year-2024 Thana- MAHKAR District- Gaya
                     ======================================================
                     Indrajeet Kumar Singh @ Indrajeet K. Singh S/O Arjun Singh R/O village-
                     Nadira, P.S.- Mahkar, District- Gaya
                                                                            ... ... Petitioner/s
                                                         Versus
                1.    The State of Bihar
                2.    The Chairman, South Bihar Power Distribution Company ltd Bihar
                                                                        ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :       Mr.Vinod Kumar
                     For the State            :       Ms.Asha Kumari
                     For the O.P. No. 2       :       Mr. Ajay Kumar Gautam
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                           ORAL ORDER
2     09-01-2026           1.   Heard learned Counsel for the parties concerned.

                           2.   This application has been filed for restoration of Criminal

                                Misc. No. 57726 of 2024, which got dismissed for non-

                                compliance of the peremptory order, dated 17.12.2024.

                           3.   For the reasons stated in this application, the same is

                                allowed and the connected case, being Criminal Misc.

                                No. 57726 of 2024 is restored to its original file, subject

                                to the condition that the petitioner shall remove the

                                defect(s), as pointed out by the Stamp Reporter, within a

                                period of two weeks from today.


                                                                         (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √

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