Patna High Court

Jairam Yadav @ Jairam PrasadversusThe State of Bihar

Decided: 13 February 2026
Disposal: DISPOSED
Bench: RAJESH KUMAR VERMA

Holding

The court allowed the restoration of the dismissed criminal miscellaneous case upon the petitioner's compliance with the pending order.

Summary

Petitioner Jairam Yadav filed an application seeking restoration of Criminal Miscellaneous No. 19348 of 2025, which had been dismissed for failure to comply with an order dated 05.05.2025. The petitioner argued that the non‑compliance was remedied and requested the court to reinstate the case. The court examined the procedural propriety of restoring a dismissed criminal proceeding. It held that the petitioner was entitled to restoration upon compliance with the pending order. Consequently, the court restored Criminal Miscellaneous No. 19348 of 2025 to its original file, disposed of the present application (Cr. Misc. No. 9537 of 2026), and granted the petitioner one week to comply with the original order.

Issues considered

What is the appropriate procedure for restoring a criminal miscellaneous case dismissed for non‑compliance with a court order?

Subjects

restoration of criminal proceedings
procedural compliance
criminal miscellaneous case
dismissal
court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.9537 of 2026
                                                In
                                CRIMINAL MISCELLANEOUS No.19348 of 2025
                    Arising Out of PS. Case No.-181 Year-2024 Thana- NIMCHAKBATHANI District- Gaya
                   ======================================================
                   Jairam Yadav @ Jairam Prasad S/o- Anand Kumar @ Anant Kumar Village-
                   Bandi Tola Kalyanpur P.S- Neemchak Bathani District- Gaya

                                                                                 ... ... Petitioner/s
                                                       Versus
                   The State of Bihar
                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :      Mr. Vishwa Ranjan Choudhary, Advocate
                   For the State           :      Mr. Nagendra Prasad, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                         ORAL ORDER

2     13-02-2026                    Heard Mr. Vishwa Ranjan Choudhary, learned counsel
                     for the petitioner and Mr. Nagendra Prasad, learned APP for the
                     State.
                                      2. This application has been filed for restoration of
                     Cr. Misc. No. 19348 of 2025 which stood dismissed for non-
                     compliance of the order dated 05.05.2025.
                                      3. For the reasons stated in the restoration petition,
                     the prayer for restoration is allowed and Cr. Misc. No. 19348 of
                     2025 is restored to its original file.
                                    4. Cr. Misc. No. 9537 of 2026 stands disposed of.
                                    5. Further one week’s time is granted to the learned
                     counsel for the petitioner to comply the order dated 05.05.2025
                     passed in Cr. Misc. No. 19348 of 2025.



Ibrar//-                                                        (Rajesh Kumar Verma, J)

U          T

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