Patna High Court
Phulo Devi @ Phoolo DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
Holding
The court held that the delay of 249 days could not be condoned.
Summary
The mother of a murder victim filed an appeal against a trial court's acquittal of the accused, but delayed filing the appeal by 249 days. She sought condonation of the delay, citing her severe epilepsy and medical treatment as reasons for the postponement. The court examined the medical prescriptions submitted, finding them insufficient to explain the prolonged delay and noting no evidence that she was unaware of the judgment. The court held that the inordinate delay was not justified and could not be condoned. Consequently, the application for condonation was dismissed, leaving the original appeal dismissed as well.
Issues considered
- Whether a delay of 249 days in filing an appeal against an acquittal can be condoned under criminal procedure law
Subjects
- condonation of delay
- appeal against acquittal
- criminal procedure
- medical evidence
- epilepsy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.906 of 2025
Arising Out of PS. Case No.-176 Year-2021 Thana- DALSINGHSARAI District- Samastipur
======================================================
Mother of victim, C/o Dinesh Sada R/O Village- Bhagwanpur, Chakshekhu,
Ward No. 1, P.S.- Dalsigh Sarai, District- Samastipur
... ... Appellant/s
Versus
1. The State of Bihar
2. Ashish Kumar Soni Son of Late Siyavar Sharan Prasad R/O Village-
Bhagwanpur, Chakshekhu, Ward No. 1, P.S.- Dalsigh Sarai, District-
Samastipur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Surya Narayan Roy, Advocate
For the State : Mr.Ajay Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
5 20-04-2026 I.A. No.1 of 2026
This is an application seeking condonation of delay of
249 days in filing of the present appeal against the judgment of
acquittal. In paragraph '3' of the application, the appellant has
shown the reason which we reproduce hereunder for a ready
reference:-
"That petitioner is suffering from epilepsy from
15.08.2024 to 22nd July 2025 in the meantime he
was treated with Dr. Chandradeep Kumar and Dr.
A.P. Sinha M.B.B.S, M.D. (D.U.) and
prescription of doctor attached here with."
2. It appears that in support of her statement under
Patna High Court CR. APP (DB) No.906 of 2025(5) dt.20-04-2026
2/3
paragraph '3' of the application, the appellant has enclosed a
photocopy of prescription as Annexure-P/1. We have
perused the said prescription. On a Letter Pad of one Dr.
A.P. Sinha, General Physician (Cardiologist), the doctor has
recorded "C/O Fever, Jaundice, Pain ABD and physical
weakness". He advised certain medicines. Some medicines
have been again prescribed on 05.10.2024. The another
enclosed document is prescription of one Dr. Chandradeep
Kumar which only mentions that there is burning in the
abdomen and fever. This Dr. A.P.Sinha advised the
appellant on 12.12.2025 to undergo USG. There is nothing
to show that the appellant had purchased any medicine. No
statement has been made that there is no other family
member who could have pursued the matter in appeal. The
appellant applied for the certified copy of the judgment
after about 11 months from the judgment of acquittal. It is
not her case that she was not aware of the judgment.
3. The documents enclosed with the application do
not inspire confidence of the Court. The inordinate delay of
249 days (more than eight months) in filing of the appeal
has not been explained by the appellant. In such
Patna High Court CR. APP (DB) No.906 of 2025(5) dt.20-04-2026
3/3
circumstance, we are of the opinion that the delay is such
that it cannot be condoned.
4. This application is dismissed. As a result of the
dismissal of the application, the appeal stands dismissed.
(Rajeev Ranjan Prasad, J)
( Soni Shrivastava, J)
arvind/-
U
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