Patna High Court
Shiv Pujan SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that there was no sufficient reason to condone the 14-month delay and dismissed the appeal.
Summary
The appellants, Shiv Pujan Singh, Alvela Singh and Utam Singh, filed a criminal appeal (SJ) No.215 of 2026 arising from a 2018 case in Gaya. They sought to condone a delay of more than 14 months in filing the appeal, contending that they were outside the State of Bihar and therefore unable to file on time. The State, represented by a Special Public Prosecutor, opposed the condonation, emphasizing the statutory limitation period. The Patna High Court examined the limitation application and found no sufficient cause to excuse the delay. Consequently, the Court dismissed both the limitation application and the appeal.
Issues considered
- Whether the 14-month delay in filing the criminal appeal can be condoned under the limitation provisions
Subjects
- limitation
- criminal appeal
- condonation of delay
- procedural law
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.215 of 2026
Arising Out of PS. Case No.-143 Year-2018 Thana- ATRI District- Gaya
======================================================
1. Shiv Pujan Singh S/o- Late Sukhdeo Singh @ Surnath Singh Resident of
Village- Khetila PS- Atri Dist- Gaya
2. Alvela Singh S/o- Late Surya Dev Singh @ Late Surdeo Singh Resident of
Village- Khetila PS- Atri Dist- Gaya
3. Utam Singh @ Utam Kumar S/o- Shiv Pujan Singh Resident of Village-
Khetila PS- Atri Dist- Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Shiv Balak Choudhary S/o- Late Lal Kishori Choudhary R/v- Khetila Ps-
Atri Dist- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kamlesh Kumar
For the Respondent/s : Ms. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the appellants and
learned Special P.P. for the State.
2. Learned Special P.P. at the outset submits that from
perusal of the limitation application, it would manifest that there
is a delay of more than 14 months in filing the instant appeal, on
which, the learned counsel appearing on behalf of the appellants
submits that appellants were outside the State of Bihar and thus
could not file the appeal in time.
3. After going through the pleadings made in the
limitation application, the Court finds no reason to condone the
Patna High Court CR. APP (SJ) No.215 of 2026(2) dt.06-05-2026
2/2
delay of 14 months in filing the appeal.
4. The limitation application as well as the appeal is
dismissed.
(Satyavrat Verma, J)
amit/-
U T
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