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Patna High Court

Kumodh Kumar @ Kumod KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed the application and ordered restoration of Cr. Misc. No.56068 of 2025, subject to payment of the prescribed fee.

Summary

Petitioner Kumodh Kumar filed Criminal Miscellaneous No.914 of 2026 seeking restoration of an earlier case (Cr. Misc. No.56068 of 2025) that had been rejected because the petitioner failed to comply with the court's order dated 27‑08‑2025 to issue notice to Opposite Party No.2, Munni Devi. The petitioner’s counsel argued that the failure was an inadvertent mistake and requested additional time to comply. The Patna High Court granted a one‑week extension for compliance, directed the office to accept the compliance if made within the extended period, and ordered that the earlier case be restored to its original file. The court also imposed a fee of Rs.1,000 to be paid to the Advocates’ Association. Consequently, the application for restoration was allowed subject to the payment of the fee.

Issues considered

  • What is the appropriate remedy when a party fails to comply with a court’s procedural order within the prescribed time?
  • Can the court grant a further extension for compliance and restore the earlier criminal miscellaneous proceeding?

Subjects

  • restoration of criminal case
  • procedural compliance
  • notice issuance
  • criminal miscellaneous application
  • high court order
  • court fee

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.914 of 2026
                                               In
                              CRIMINAL MISCELLANEOUS No.56068 of 2025
                  Arising Out of PS. Case No.-295 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Kumodh Kumar @ Kumod Kumar S/o Ganga Sah R/o Village- Malkauniya,
                 P.S- Muffasil, District- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Munni Devi W/o Vijay Das R/o vill - Sihuliya, P.s.- Muffasil Motihari,
                 Distt.- East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Ranjana Srivastava, Advocate
                 For the Opposite Party/s :      Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   09-01-2026                      Learned counsel for the petitioner and learned

                   counsel for the State are present.

                                2. Learned counsel for the petitioner submits that the

                   present Cr. Misc. No.914 of 2026 has been filed for restoration

                   of Cr. Misc. No. 56068 of 2025 to its original file which was

                   rejected on 10.09.2025 due to non-compliance of the order

                   dated 27.08.2025. Counsel submits that vide order dated

                   27.08.2025, a direction was given by this Court for issuance of

                   notice upon Opposite Party No.2 under both process, but

                   requisites etc. for issuance of notice could not be filed within the

                   time prescribed. Counsel submits that it is an inadvertent
          Patna High Court CR. MISC. No.914 of 2026(2) dt.09-01-2026
                                                      2/2




                    mistake and in future, such mistake shall not take place.

                                 3. As such, one week’s further time is hereby granted

                    to learned counsel for the petitioner to comply with the order

                    dated 27.08.2025 for issuance of notice upon Opposite Party

                    No. 2. In case the petitioner has complied with the order dated

                    27.08.2025 after the peremptory time mentioned therein, the

                    Office is directed to accept the same.

                                 4. In this view of the matter and the grounds

                    mentioned in the application, the present Cr. Misc. No.914 of

                    2026 is hereby allowed and let, Cr. Misc. No. 56068 of 2025 be

                    restored to its original file, subject to the payment of Rs. 1000/-

                    (Rupees One Thousand) by the counsel for the petitioner to the

                    Advocates’ Association, Patna High Court.



                                                                       (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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