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Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The restoration application is allowed, and the criminal appeal is restored to its original file.

Summary

Sunny Kumar filed a criminal appeal (SJ) No. 4323 of 2025 against the State of Bihar and ASI Pradip Kumar, arising from a case registered at Dulhin Bazar Police Station. The petitioner sought restoration of the appeal after it had been dismissed or withdrawn. The primary issue before the Court was whether the restoration application filed by the petitioner was maintainable under procedural law. Justice Satyavrata Verma examined the grounds raised in the restoration application and found them sufficient to merit reinstatement of the appeal. Consequently, the Court allowed the restoration application and ordered that the appeal be restored to its original file.

Issues considered

  • Whether the restoration application filed by the petitioner is maintainable and should be allowed to reinstate the criminal appeal.

Subjects

  • criminal appeal
  • restoration
  • procedural law
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.11921 of 2026
                                                In
                                  CRIMINAL APPEAL (SJ) No.4323 of 2025
                     Arising Out of PS. Case No.-199 Year-2025 Thana- DULHIN BAZAR District- Patna
                  ======================================================
                  Sunny Kumar S/O Dhananjay Singh Village- Bharmesar, P.S.- Dulhin Bazar,
                  Dist.- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar
            2.    Sri Pradip Kumar,Posted as ASI, Dulhin Bazar, P.S.- Rahika Patna

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Rajesh Shankar Sinha, Advocate
                  For the Opposite Party/s :      Mr. Yogendra Kumar Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    16-02-2026                   1. Heard learned counsel for the petitioner and the

                    learned APP for the State.

                                  2. In view of the grounds taken in the restoration

                    application, Criminal Appeal (SJ) No. 4323 of 2025 is restored

                    to its original file.

                                    3. The restoration application is allowed.



                                                         (Satyavrat Verma, J)
Rishabh/-

U      T


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