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Patna High Court

Brajesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the appeal should be restored to its original file.

Summary

Petitioner Brajesh Yadav filed an application seeking restoration of Criminal Appeal (S.J.) No. 4833 of 2025 to its original file after the appeal had been dismissed for non‑compliance with an order dated 11‑12‑2025, which required the appellant’s counsel to issue notice to Respondent No. 2 within two weeks. The State of Bihar, represented by counsel, raised no objection to the restoration prayer. The Court examined the reasons set out in the restoration application and found them sufficient to justify reinstating the appeal. Consequently, the Court allowed the restoration application, directing that the appeal be restored to its original file and number. The order effectively reverses the dismissal and permits the appeal to proceed.

Issues considered

  • Whether the dismissal of Criminal Appeal (S.J.) No. 4833 of 2025 for non‑compliance can be set aside by restoring the appeal to its original file.

Subjects

  • restoration of appeal
  • criminal procedure
  • non‑compliance with court order
  • high court jurisdiction
  • appeal dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11928 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.4833 of 2025
                     Arising Out of PS. Case No.-843 Year-2024 Thana- GOPALGANJ TOWN District-
                                                       Gopalganj
                 ======================================================
                 Brajesh Yadav Son of Ram Surat Yadav @ Ram Surat Choudhary Resident of
                 Village - Konhwa, P.S. - Gopalganj, District - Gopalganj

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Soni Devi wife of Ravindra Sah Gondd Resident of Village - Konhwa, P.S. -
                 Gopalganj, District - Gopalganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pritish Ranjan, Advocate
                 For the Opposite Party/s :      Mrs.Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed for

                   restoration of Cr. Appeal (S.J.) No. 4833 of 2025 to its original

                   file.

                                3. Learned counsel for the petitioner submits that vide

                   order dated 11.12.2025, two weeks’ time was granted to learned

                   counsel for the appellant to take steps for issuance of notice to

                   Respondent No. 2 and the said appeal stood dismissed for non-

                   compliance of the aforesaid order.

                                4. Learned APP for the State raised no objection to the
           Patna High Court CR. MISC. No.11928 of 2026(2) dt.13-02-2026
                                                       2/2




                     prayer made on behalf of the petitioner.

                                  5. For the reasons stated in paragraph No. 4 of the

                     restoration application and the submissions made in support

                     thereof, the restoration application is allowed.

                                  6. Cr. Appeal (S.J.) No. 4833 of 2025 is restored to its

                     original file and number.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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