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Patna High Court

Phucho YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the 262‑day delay in filing the appeal memo could not be condoned, leading to dismissal of the appeal.

Summary

The appellants Phucho Yadav and Bharat Yadav filed a criminal appeal against the State of Bihar and Sri Krishna Paswan. The Special Public Prosecutor pointed out that the memorandum of appeal was filed 262 days after the order and that the limitation petition was cryptic, offering no reason for the delay. The appellants’ counsel could not rebut this submission. The court examined the limitation petition and found it insufficient to justify condoning the delay. Accordingly, the court dismissed the limitation petition and, as a result, dismissed the appeal, emphasizing strict compliance with limitation periods in criminal proceedings.

Issues considered

  • Whether the 262‑day delay in filing the memorandum of appeal can be condoned under the limitation provisions?

Subjects

  • limitation
  • criminal appeal
  • condonation of delay
  • procedural law
  • appeal dismissed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.360 of 2025
                        Arising Out of PS. Case No.-42 Year-2018 Thana- SC/ST District- Begusarai
                 ======================================================
           1.     Phucho Yadav S/o- Late Dukho Yadav Resident of village- Bhavanandpur
                  P.S- Balia, Dist- Begusarai
           2.    Bharat Yadav S/o- Phucho Yadav Resident of village- Bhavanandpur P.S-
                 Balia, Dist- Begusarai
                                                                       ... ... Appellant/s
                                               Versus
           1.    The State of Bihar
           2.     Sri Krishna Paswan @ Kisho Paswan S/o- Desho Paswan Resident of
                  village- Bhavanandpur P.S- Balia, Dist- Begusarai
                                                                    ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Vinod Gautam, Advocate
                 For the Respondent/s     :        Mr. Usha Kumari No. 1, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   28-01-2026                 1. Heard learned counsel for the appellants and

                   learned Special Public Prosecutor for the State.

                               2. Learned Special Public Prosecutor, at the outset,

                   submits that there is delay of 262 days in filing the memo of

                   appeal and from perusal of the limitation petition, it would

                   manifest that the same is cryptic and does not record the reason

                   for the delay in approaching the Court for filing the memo of

                   appeal.

                               3. Learned counsel appearing on behalf of the

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

                   learned Special Public Prosecutor.

                               4. Considering the submissions made by the learned
           Patna High Court CR. APP (SJ) No.360 of 2025(4) dt.28-01-2026
                                                        2/2




                     Special Public Prosecutor, the Court is not inclined to condone

                     the delay of 262 days in filing the memo of appeal for reasons

                     mentioned in the limitation petition.

                                  5. The limitation petition is, thus, dismissed.

                                  6. In consequence whereof, the appeal also stands

                     dismissed.


                                                                           (Satyavrat Verma, J)

Kundan/-

U     T


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