Patna High Court
Umesh PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The criminal appeal (SJ) No.408 of 2025 is restored to its original file.
Summary
The petitioners, Umesh Prasad and his sons Amarjeet Kumar and Sanjeet Kumar, filed a restoration petition (Cr. Misc. No.11926 of 2026) seeking to revive Criminal Appeal (SJ) No.408 of 2025 against the State of Bihar and respondent Dharmendra Chaudhary. The High Court examined whether the appeal, which had been removed from the court's file, could be reinstated. Relying on procedural provisions, the Court held that the appeal could be restored upon satisfactory compliance with the requirements of the restoration petition. Consequently, the Court ordered that the appeal be restored to its original file and granted the petitioners an additional four weeks to comply with the earlier order dated 13‑08‑2025. The miscellaneous petition was thereafter disposed of.
Issues considered
- What is the appropriate procedure for restoring a criminal appeal that has been removed from the court's file?
Subjects
- restoration of appeal
- criminal procedure
- criminal appeal
- procedural law
- time extension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11926 of 2026
In
CRIMINAL APPEAL (SJ) No.408 of 2025
Arising Out of PS. Case No.-267 Year-2016 Thana- CHANDAUTI District- Gaya
======================================================
1. Umesh Prasad S/O Birwal Prasad @ Birendra Prasad R/O Village- Keejopi,
P.S.- Chan Dauti, Distt.- Gaya.
2. Amarjeet Kumar S/O Umesh Paswan R/O Village- Keejopi, P.S.- Chan
Dauti, Distt.- Gaya.
3. Sanjeet Kumar S/O Umesh Paswan R/O Village- Keejopi, P.S.- Chan Dauti,
Distt.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar BIHAR
2. Dharmendra Chaudhary S/O Ashok Chaudhary R/O Village- Niyajpur, P.S-
Chandauti, Distt.- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Kaushal Kishor, Advocate
For the State : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 25-02-2026 Heard Mr. Kaushal Kishor, learned counsel for the
petitioners and Mr. Satya Nand Shukla, learned APP for the State.
2. For the reasons stated in the restoration petition, the
prayer for restoration is allowed and Cr. Appeal (SJ) No. 408 of
2025 is restored to its original file.
3. Cr. Misc. No. 11926 of 2026 stands disposed of.
4. As prayed on behalf of the petitioners, four weeks’
Patna High Court CR. MISC. No.11926 of 2026(2) dt.25-02-2026
2/2
further time is allowed to comply the order dated 13.08.2025
passed in Cr. Appeal (SJ) No. 408 of 2025.
(Rajesh Kumar Verma, J)
Ibrar//-
U
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