Patna High Court
Tapeshwar Bind @ Balyogeshwar Prasad @ Yogeshwar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 389
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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