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Patna High Court

Shiv Pujan SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

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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