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Patna High Court

Anil Singh @ Anil Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal dismissed for want of prosecution was restored as the non‑appearance was not deliberate and restoring it served the interests of justice.

Summary

Anil Singh and Pawan Singh filed an application seeking restoration of Criminal Appeal (SJ) No. 2814 of 2024, which had been dismissed on 09‑02‑2026 for want of prosecution because their counsel failed to appear. The petitioners contended that the non‑appearance was not deliberate but resulted from a bona‑fide misunderstanding that the appeal would not be taken up that day, a circumstance beyond their control. The learned counsel for the State opposed the restoration. The Court examined whether a dismissal for want of prosecution could be set aside where the failure to prosecute was not intentional. Finding the petitioners’ explanation credible and in the interest of justice, the Court allowed the application and restored the appeal to its original file. Consequently, the petition was allowed.

Issues considered

  • What is the appropriate remedy when a criminal appeal is dismissed for want of prosecution due to counsel's non‑appearance?
  • Can an appeal dismissed for want of prosecution be restored on the ground of bona‑fide reasons beyond the counsel's control?

Subjects

  • criminal appeal
  • restoration
  • want of prosecution
  • non‑appearance of counsel
  • interest of justice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25658 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.2814 of 2024
                 Arising Out of PS. Case No.-105 Year-2024 Thana- MADHUBAN District- East Champaran
                 ======================================================
           1.     Anil Singh @ Anil Kumar Singh S/o Late Lalbabu Singh Resident of Village
                  - NaurangiaTola, Police Station - Madhuban, District- East Champaran At
                  Motihari
           2.    Pawan Singh S/o Late Lalbabu Singh Resident of Village - NaurangiaTola,
                 Police Station - Madhuban, District- East Champaran At Motihari

                                                                                ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    Chulhai Ram S/o Late Ramvriksh Ram R/o vill - Naurangia Tola, P.S.-
                 Madhuban, Distt.- East Champaran at Motihari

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shashank Shekhar, Advocate
                 For the Opposite Party/s :      Mr.Pranav Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   17-04-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor, representing the State.

                                2. The present application has been filed for

                   restoration of Criminal Appeal (SJ) No. 2814 of 2024, which

                   was dismissed for want of prosecution vide order dated

                   09.02.2026.

                                3. Learned counsel for the petitioner submits that the

                   aforesaid Cr. Appeal (SJ) no. 2814 of 2024 was dismissed for

                   non-prosecution and the same occurred due to bona fide reasons
           Patna High Court CR. MISC. No.25658 of 2026(2) dt.17-04-2026
                                                       2/2




                     beyond the control of the petitioner’s counsel. The petitioner’s

                     counsel non-appearance was neither deliberate nor with an

                     intent to delay the proceedings. The counsel of the petitioners

                     were under the impression that the said appeal would not be

                     taken up by the end of the day.

                                  4. For the reasons stated in this application and in the

                     interest of justice, the prayer made therein is allowed and, as a

                     result, the Cr. Appeal (SJ) No. 2814 of 2024 is restored to its

                     original file.

                                  5. The petition stands allowed.



                                           (Rudra Prakash Mishra, J)
manish/-

U


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