Patna High Court
Brajesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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
Checking your session…