Patna High Court
Kumodh Kumar @ Kumod KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
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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