Patna High Court
Santan DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is dismissed as it is barred by the 180‑day limitation period under the SC/ST Act.
Summary
The appellant, Santan Das, was convicted under IPC sections 302, 201, 120(B) and 34 and appealed the order of the Exclusive Special Judge under the SC/ST (Prevention of Atrocities) Act. This was his second attempt to set aside the order dated 27-11-2024, the first appeal having been dismissed earlier. The second appeal was filed 394 days after the impugned order, exceeding the 180‑day limitation period prescribed by the SC/ST Act. The Patna High Court held that the appeal was time‑barred and therefore could not be entertained. The court dismissed the appeal but allowed the appellant to approach the lower court again and, if necessary, file a fresh appeal within the prescribed period.
Issues considered
- Whether the second appeal filed 394 days after the impugned order is maintainable under the 180‑day limitation period of the SC/ST Act
Legislation cited
Subjects
- limitation period
- SC/ST Act
- criminal appeal
- time‑barred appeal
- IPC sections 302, 201, 120B, 34
- appeal dismissed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1266 of 2026
Arising Out of PS. Case No.-160 Year-2024 Thana- IMAMGANJ District- Gaya
======================================================
Santan Das S/o Sonu Das R/o Vill- Kesandha, PS- Imamganj, Dist - Gaya
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Jitani Devi W/o Late Rajesh Bhuiyan R/o vill - Kesandha, P.S.- Imamganj,
Dist.- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Md. Javed Jafar Khan
For the Respondent/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-05-2026 Heard the parties.
2. This is the second attempt of the appellant who is
praying for setting aside the impugned order dated 27.11.2024
passed by the learned Exclusive Special Judge, SC/ST Act,
Gaya in B.P. No. 3250 of 2024 arising out of Imamganj P.S.
Case No. 160 of 2024 registered for the offence under Sections
302, 201, 120(B), 34 of the Indian Penal Code.
3. Earlier the appellant has approached this Court vide
Cr. Appeal S.J. No. 955 of 2025 which was dismissed vide order
dated 29.08.2025 but within a shot span of time, i.e. within six
months of earlier rejection, this application has been preferred
again after an expiry of 394 days of passing of the impugned
order.
Patna High Court CR. APP (SJ) No.1266 of 2026(3) dt.11-05-2026
2/2
4. Under the provisions of SC/ST Act, the limitation
period of filing an appeal is 180 days.
5. In view of the above, this appeal is dismissed with
a liberty to the appellant to approach the Court below again and
thereafter move this Court within the prescribed period.
(Sandeep Kumar, J)
Vikas/-
U
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