The High Court of Jharkhand, Ranchi, allowed a Criminal Miscellaneous Petition seeking restoration of an anticipatory bail application previously dismissed for non-compliance with a peremptory order. The court directed the restoration of the file.
Anticipatory Bail Application No. 3436 of 2017 is directed to be restored to its original file.
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[2026:JHHC:27463]
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.1792 of 2018
All the sons of Ilyas Mirja, Resident of Village Mandrey Tola, P.O. – Mirjaganj, P.S. – Jamua, District – Giridih (Jharkhand)
… Petitioners
Versus … The State of Jharkhand Opposite Party
-----CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Mahesh Kr. Sinha(2), Advocate Mr. Suman Kr. Sinha, Advocate For the State : Mrs. Ruby Pandey, Addl.P.P.
------
Order No:-05 Dated:-11-09-2026
Heard the parties.
This Criminal Miscellaneous Petition has been filed by the petitioners with the prayer for restoration of A.B.A. No. 3436 of 2017 to its original file which stood dismissed for non-compliance of the peremptory order dated 17.08.2017.
Learned counsel for the petitioners submits that A.B.A. No. 3436 of 2017 was dismissed for non-compliance of the peremptory order dated 17.08.2017. It is next submitted that the petitioners of A.B.A. No. 3436 of 2017 was directed to remove defects as pointed by the Stamp Reporter within a week but due to inadvertent mistake, the said defects could not be removed within the stipulated time; which resulted in dismissal for non-compliance of the peremptory order dated 17.08.2017. It is further submitted that non-appearance of the learned counsel for the petitioners was neither deliberate nor intentional. It is also submitted
that the petitioners have very good grounds to agitate in the said A.B.A. No. 3436 of 2017 and unless the same is restored to its original file, the petitioners will be highly prejudiced. Hence, it is submitted that the A.B.A. No. 3436 of 2017 be restored to its original file.
Learned counsel for the State has not raised any serious objection to the prayer of the petitioner.
Considering the aforesaid submission of the learned counsel for the petitioners, A.B.A. No. 3436 of 2017 is directed to be restored to its original file at the same stage at which it was before its dismissal.
Registry is directed to list A.B.A. No. 3436 of 2017 before the appropriate Bench after a week.
This Criminal Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J . )
Dated:- 11.09.2026 Saroj/
1 issue framed by the court
Whether the anticipatory bail application dismissed for non-compliance should be restored to its original file.
Maja Mirja
Soraj Mirja
Gudan Mirja
Ajmal Mirja
Fucho Mirja
Pal Mirja
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
