Patna High Court

ANARJEET YADAV @ INARJEET YADAVversusThe State of Bihar

Decided: 5 January 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The appeal is dismissed as not prosecuted.

Summary

The appellants – six individuals named Anarjeet Yadav and others – were convicted by the Fast Track Court, Khagaria, on 18 November 2019 for offences under Sections 147 and 323 of the Indian Penal Code and were released on bond under Section 4 of the Probation Act. They filed a criminal appeal (SJ) No.5871 of 2019 in the Patna High Court seeking to challenge the conviction. No counsel appeared on behalf of the appellants, and it was noted that the appellants had already undergone the sentence imposed. The Court observed that an appeal cannot be entertained when the parties have not prosecuted the appeal despite the completion of the sentence. Consequently, the Court dismissed the appeal for non‑prosecution.

Issues considered

Whether an appeal can be entertained when the appellants have already served the sentence and no counsel appears to prosecute the appeal.

Legislation cited

Indian Penal Code — s. 147, 323
Probation of Offenders Act, 1958 — s. 4

Subjects

criminal appeal
probation
non‑prosecution
IPC 147
IPC 323
appeal dismissed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5871 of 2019
                       Arising Out of PS. Case No.-60 Year-2004 Thana- ALOULI District- Khagaria
                 ======================================================
           1.     ANARJEET YADAV @ INARJEET YADAV S/o Janardhan Yadav R/o
                  village- Raun, P.S.- Alauli, District- Khagaria
           2.    Janardhan Yadav @ Jugal Yadav S/o Late Siyaram @ Vijay Yadav R/o
                 village- Raun, P.S.- Alauli, District- Khagaria
           3.    Nandu Yadav S/o Siyaram Yadav R/o village- Raun, P.S.- Alauli, District-
                 Khagaria
           4.    Ashok Yadav S/o Late Arjun Yadav R/o village- Raun, P.S.- Alauli, District-
                 Khagaria
           5.    Rohit Yadav S/o Suresh Yadav R/o village- Raun, P.S.- Alauli, District-
                 Khagaria
           6.    Sarvind Yadav S/o Ram Swarath Yadav R/o village- Ladauda, P.S.- Alauli,
                 District- Khagaria

                                                                                   ... ... Appellant/s
                                                       Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Umesh Kumar, Advocate
                 For the Respondent/s    :        Mr.Zeyaul Hoda, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   05-01-2026                 None present for the appellants.

                               2. The present memo of appeal has been preferred on

                   behalf of the appellants against the judgment of conviction

                   dated      18.11.2019         passed         in     Session        Case         No.

                   155/2005/553/2008/ NET No. 3680/ Tr. No. 389/18 (arising out

                   of Alauli P.S. Case No. 60/2004/ G.R. No. 570/2004) by the

                   court of learned Fast Track Court No. 1, Khagaria, whereby and

                   whereunder all the appellants have been found guilty for
              Patna High Court CR. APP (SJ) No.5871 of 2019(4) dt.05-01-2026
                                                           2/2




                        offences U/s 147, 323 I.P.C. but they have been released on

                        bond under Section 4 of the Probation Act.

                                     3. It appears that the appellants have undergone the

                        sentence and in these circumstances, none has appeared on

                        behalf of the appellants to press this appeal which is pending

                        since 2019.

                                     4. Hence, this appeal stands dismissed as having not

                        prosecuted.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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