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Patna High Court

Krishna Dev YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The 213‑day delay cannot be condoned; the application for condonation is dismissed.

Summary

The appellant, Krishna Dev Yadav, filed a criminal appeal under section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to set aside an acquittal dated 19‑02‑2024. He applied for condonation of a 213‑day delay in filing the appeal, alleging illness and financial constraints as reasons. The court noted that no medical evidence was provided to substantiate the claim of illness and found the explanation vague and unsupported. Considering the appellant’s position as a well‑educated Circle Secretary of a political party, the court held that the delay could not be justified. Consequently, the application for condonation was dismissed, resulting in the dismissal of the appeal itself.

Issues considered

  • Whether a delay of 213 days in filing a criminal appeal under section 413 can be condoned without medical or other substantive evidence.

Legislation cited

Subjects

  • condonation of delay
  • criminal appeal
  • section 413
  • procedural law
  • appeal dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (DB) No.152 of 2025
                       Arising Out of PS. Case No.-75 Year-1993 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Krishna Dev Yadav, Son of Late Basant Yadav, Resident of Village- Sijua,
                 Bagdaha, PS- Bodhgaya, Distt.- Gaya

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Jai Singh Son of Late Murli Singh Resident of Village- Dahariya Bigha,
                 P.S.- Bodh Gaya, Distt.- Gaya
           3.    Birendra Kumar Singh, Son of Shri Krishna Singh R/O- Village- Aajan, P.S.-
                 Madanpur, Distt.- Aurangabad
           4.    Deo Sharan Das, Son of Late Hari Das, Resident of Village- Keshopur, P.S.-
                 Telhara, Distt.- Nalanda

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant        :      Mr. Ajay Kumar Sinha, Adv.
                 For the State            :      Mr. Abhimanyu Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                         and
                         HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

4   09-02-2026                                I.A. No. 01 of 2025

                               This is an application seeking condonation of 213

                   days in filing the present appeal.

                               2. This appeal has been preferred under section 413 of

                   the Bharatiya Nagarik Suraksha Sanhita, 2023, for setting aside

                   the judgment of acquittal dated 19.02.2024 passed by the court

                   of learned Additional Sessions Judge-III, Gaya, in S. Tr. No.

                   136/2001 arising out of Protest Complaint Case No. 762/1993.

                               3. The only reason shown for the delay of 213 days is
Patna High Court CR. APP (DB) No.152 of 2025(4) dt.09-02-2026
                                            2/3




          stated in paragraph 5 of the application which is reproduced as

          under for ready reference :-

                                       “That thereafter the appellant return

                          back to his village and he became ill and when

                          he recovered from illness on 15-01-2025

                          thereafter he managed money for meet the

                          expenses in the filing the present appeal and

                          after managing of money on 18-01-2025 came to

                          Patna and contacted to a counsel of this Hon'ble

                          court and handed over the entire documents to

                          file the present Appeal. The learned counsel of

                          the appellant after drafting the case the same

                          has been filed on 20-01-2025 before this Hon'ble

                          court.”

                       4. We have noticed that in support of the statements

          made in paragraph 5 of the application, the appellant has not

          enclosed even a chit of paper showing that he was under

          medical advice and was unable to move.

                       5. On the other hand, we have found from the records

          that the appellant happened to be the Circle Secretary of the

          Communist Party of India, Bodh Gaya, and is said to be a well

          educated person. The reason shown in paragraph 5 of the

          application is a statement written in general manner which
          Patna High Court CR. APP (DB) No.152 of 2025(4) dt.09-02-2026
                                                      3/3




                    would not inspire confidence of the court unless it is duly

                    supported by the doctor’s prescription or the medical certificates

                    showing that the appellant was either hospitalized or was not in

                    a position to file the application. So such delay of 213 days can

                    not be condoned on any aspect.

                                 6. I.A. No. 01 of 2025 is dismissed.

                                 7. As a result of the dismissal of the application (I.A.

                    No. 01 of 2025), the appeal itself stands dismissed.




                                          (Rajeev Ranjan Prasad, J)


                                              ( Shailendra Singh, J)
Annu/BKS-

U     T


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