Smt. Reeta Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17255 of 2026 In CRIMINAL MISCELLANEOUS No.38187 of 2016 Arising Out of PS. Case No.-116 Year-2016 Thana- BAIRIYA District- West Champaran ====================================================== Smt. Reeta Jaiswal W/o Uma Shankar Jaiswal R/o Village - Malahi Tola, P.S - Bairiya, District - West Champaran at Bettiah, Proprietor of M/S Ritu Rice Mill, Malahi Tola, P.S - Bairia, District - West Champaran at Bettiah ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Bihar State Food and Civil Supplies Corporation, through the District Manager, West Champaran at Bettiah ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Advocate For the State :

Mr. Anand Kishore Choudhary, APP For the O.P. No. 2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-03-2026 Learned counsel for the petitioner and learned APP for the State are present. However, nobody is present on behalf of O.P. No. 2, despite supply of copy.

2. The present petition has been filed for restoration of Cr. Misc. No. 38187 of 2016 which was dismissed for default vide order dated 06.11.2023.

3. Learned counsel for the petitioner submits that the failure of the petitioner to attend the matter on the relevant date was neither willful nor negligent, but on account of unavoidable reasons.

Patna High Court CR. MISC. No.17255 of 2026(2) dt.24-03-2026 2/2

4. Considering the submission advanced by learned counsel for the petitioner, the present petition is allowed, restoring Cr. Misc. No. 38187 of 2016 to its original number.

5. Put up Cr. Misc. No. 38187 of 2016 on 03.04.2026. (Jitendra Kumar, J) shoaib/- U T