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Patna High Court

Tapeshwar Bind @ Balyogeshwar Prasad @ Yogeshwar PrasadversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed as it was filed beyond the statutory limitation period without condonation.

Summary

The appellants, Tapeshwar Bind and his son Aman Kumar, appealed against a conviction by the State of Bihar and Devendra Prasad. The appeal was filed on 03-05-2025, more than a year after the impugned order dated 18-01-2024, exceeding the statutory 180‑day limitation period for filing a criminal appeal. The Special Public Prosecutor argued that no application for condonation of delay had been filed, making the appeal procedurally defective. The appellants' counsel could not rebut this submission. The Patna High Court, after considering the limitation argument, refused to entertain the appeal and dismissed it.

Issues considered

  • Whether the appeal filed after more than 180 days is barred by limitation under the Code of Criminal Procedure
  • Whether the court can entertain the appeal in the absence of a condonation application

Legislation cited

Subjects

  • limitation period
  • criminal appeal
  • condonation of delay
  • procedural law
  • Code of Criminal Procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1868 of 2025
                       Arising Out of PS. Case No.-777 Year-2023 Thana- BELAGANJ District- Gaya
                 ======================================================
           1.     Tapeshwar Bind @ Balyogeshwar Prasad @ Yogeshwar Prasad Son of Late
                  Bhattu Bind @ Bhagalu Jamadar Resident of Village- Risaudh Chakand,
                  Police Station-Belaganj, District- Gaya
           2.    Aman Kumar @ Pawan Kumar Son of Tapeshwar Bind @ Balyogeshwar
                 Prasad @ Yogeshwar Prasad Resident of Village- Risaudh Chakand, Police
                 Station-Belaganj, District- Gaya

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Devendra Prasad @ Devendra Paswan son of Ishwari Prasad Resident of
                 Village- Risaudh, Police Station-Belaganj, District- Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Shailesh Kumar
                 For the Respondent/s    :        Mr.Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   01-07-2026                 1. Heard learned counsel for the appellants and

                   learned Special P.P. for the State.

                               2. The learned Special P.P., at the outset, submits that

                   from perusal of the order impugned, it would manifest that the

                   same is dated 18.01.2024 and in the instant appeal was filed on

                   03.05.2025 i.e. after a delay of more than an year, but then, no

                   limitation application was filed seeking condonation of delaying

                   in filing the appeal. The learned Special P.P. further submits that

                   the maximum period for filing the appeal is 180 days as per the

                   act, but since no limitation application has been filed that amply
               Patna High Court CR. APP (SJ) No.1868 of 2025(4) dt.01-07-2026
                                                            2/2




                         demonstrates that the appellants in casual manner has

                         approached the Court.

                                      3. The learned counsel appearing on behalf of the

                         appellants is not in a position to rebut the submission of the

                         learned counsel appearing on behalf of the Special P.P.

                                      4. Considering the submissions made by the learned

                         Special P.P., the Court is not inclined to entertain the appeal.

                                      5. The instant appeal stands rejected accordingly.



                                                    (Satyavrat Verma, J)
vikash/-

U          T


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