Patna High Court
Vikash Singh @ Vikash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is dismissed because it was filed after the statutory 180‑day limitation period without a plausible explanation.
Summary
Vikash Singh appealed a criminal conviction before the Patna High Court, seeking to set aside the trial court's decision. The appeal was filed 765 days after the judgment, far exceeding the 180‑day limit prescribed under Section 15 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant argued that the delay should be condoned, but the court found no satisfactory explanation for the inordinate lapse. Relying on the statutory limitation, the court held that the application for condonation of delay was barred. Consequently, the appeal itself was dismissed for being filed out of time.
Issues considered
- Whether an appeal under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be entertained when filed beyond the 180‑day limitation period.
Legislation cited
Subjects
- limitation period
- SC/ST Act
- appeal
- criminal procedure
- condonation of delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1617 of 2026
Arising Out of PS. Case No.-319 Year-2023 Thana- TARAIYA District- Saran
======================================================
Vikash Singh @ Vikash Kumar Singh son of Late Gopal Singh Resident of
Village -Shahnawazpur PS -Taraiya District- Saran
... ... Appellant/s
Versus
1. The State of Bihar
2. Shailesh Kumar Rajak Son of Shankar Baitha Resident of Village -Phenhara,
PS -Taraiya District- Saran
... ... Respondent/s
======================================================
Appearance :
For the Appellant : Mr. Manish Chandra Gandhi, Advocate
For the State : Ms. Usha Kumari 1, Spl.PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the appellant and learned
Spl.PP for the State.
2. I.A. No. 1 of 2026 has been filed for condoning the
delay of 765 days in preferring the present appeal.
3. As per Section 15 of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989, no appeal
shall be entertained by the High Court after the expiry of the
period of one hundred and eighty days and there is no plausible
explanation for the inordinate delay in preferring the present
appeal.
4. Accordingly, I.A. No. 1 of 2026 is barred by
limitation and same is, accordingly, dismissed.
Patna High Court CR. APP (SJ) No.1617 of 2026(2) dt.25-06-2026
2/2
5. Consequently, the appeal too stands dismissed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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