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Patna High Court

Ajay RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal cannot be entertained without the proper annexation of required documents.

Summary

The appellant, Ajay Rai, filed a criminal appeal (SJ) No.3040 of 2025 arising from PS case No.782 of 2023 before the High Court of Patna. The appeal sought relief against the State of Bihar and a co-respondent, but the appellant's counsel failed to annex the requisite documents, including the earlier rejection order. The court noted the admission by the appellant's counsel that the proper documents were not filed. Consequently, the court held that the appeal could not be entertained in its present form. The appeal was dismissed, but the court granted liberty to the appellant to file a fresh petition with all relevant documents attached.

Issues considered

  • Whether an appeal can be entertained when the appellant fails to annex the required supporting documents?

Subjects

  • appeal procedure
  • document submission
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3040 of 2025
                      Arising Out of PS. Case No.-782 Year-2023 Thana- MADHAURAH District- Saran
                  ======================================================
                  Ajay Rai S/O Raghunandan Rai @ Raghunan Ray R/O Village- Marhaura,
                  Dist.- Saran at Chapra.                    ... ... Appellant/s
                                                Versus
            1.     The State of Bihar
            2.     Rishi Munny Devi W/O Tribhuwan Manjhi R/O Village- Baidapur, Post
                   Office- Bardhina, P.S- Marhaura, Distt.- Saran at Chapra.
                                                                             ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s    :        Mr.Krishna Kumar Yadav
                  For the Respondent/s   :        Mr.Usha Kumari 1
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER
3    18-02-2026                 The present appeal is listed today at Serial No. 82.

                    However, on the request of learned counsel appearing on behalf

                    of the appellant, the case was taken up on a priority basis. At

                    this stage, learned counsel submits that he has not annexed the

                    proper documents along with the earlier rejection order passed

                    by this Court.

                                2. In view of the admission made on behalf of the

                    appellant, the present appeal is not entertained and is

                    accordingly dismissed. However, liberty is granted to the

                    appellant to file a fresh petition, annexing all relevant

                    documents.


                                             (Purnendu Singh, J)
Sanjay/-

U      T


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