Patna High Court
Kirandeo KumarversusThe State of Bihar through the Chief Secretary
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the contempt application may be restored to the original file once the petitioner complies with the peremptory order.
Summary
Petitioner Kirandeo Kumar filed an application seeking restoration of a contempt proceeding (MJC No.5174 of 2019) that had been dismissed in default on 3 February 2026 for failure to comply with a peremptory order dated 19 January 2026. The petitioner argued that the required compliance had now been effected, albeit after a slight delay, and therefore the contempt application should be reinstated. The State of Bihar and the Accountant General raised no objection to the restoration. The Court examined whether a contempt application dismissed for default could be revived once the mandated compliance is achieved. Finding no impediment, the Court allowed the petition and ordered that the contempt application be restored to its original file. The order was to be entered under the appropriate heading after two weeks.
Issues considered
- Whether a contempt application dismissed in default for non‑compliance with a peremptory order can be restored upon subsequent compliance.
Subjects
- contempt of court
- restoration of proceedings
- default dismissal
- peremptory order
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.624 of 2026
In
Miscellaneous Jurisdiction Case No.5174 of 2019
======================================================
Kirandeo Kumar S/o Ras Bihari Paswan, Resident of Village- Kamruddinpur,
P.O.- Kamruddinpur, P.S.- Mufassil, Begusarai, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Govt. of Bihar, Patna namely
Deepak Kumar.
2. Mr. N. Sarvana Kumar, Principal Secretary, Department of Agriculture,
Government of Bihar, New Secretariat, Patna.
3. Mr. N. Sarvana, The Agriculture Production Commissioner, Department of
Agriculture, Government of Bihar, New Secretariat.
4. Mr. Adesh Titarmare, The Director Agriculture, Directorate Government of
Bihar, New Secretariat, Patna.
5. The Accountant General Bihar, Patna namely Nilotpal Goswami.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Verma, Adv.
For the State : Mr. Pratik Kumar, AC to GA-11
For the AG : Dr. Anand Kumar, Adv.
Ms. K. Thakur, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 17-04-2026 Heard learned counsel for the petitioner and learned
counsel for the opposite party.
2. This application has been filed for restoration of
MJC (Contempt) application bearing No.5174 of 2019 to its
original file which was dismissed in default on 03.02.2026 for
non-compliance of the peremptory order dated 19.01.2026.
3. Learned counsel for the petitioner submits that after
slight delay the compliance of the order dated 19.01.2026
passed in MJC No.5174 of 2019 has been done, and therefore,
Patna High Court MJC No.624 of 2026(3) dt.17-04-2026
2/2
prays that the MJC be restored to its original file.
4. Learned counsel appearing for opposite party-State
and Accountant General, Bihar do not have any objection.
5. For the reasons stated above this application is
allowed and MJC (Contempt) Application No.5174 of 2019 is
restored to its original file.
6. Put up under appropriate heading after two weeks.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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