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Patna High Court

Mahahre Pandey @ Mahasher Pandey @ Mahashre PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the appeal may be restored, subject to a monetary deposit, despite the missed deadline.

Summary

Mahahre Pandey filed an application seeking restoration of his criminal appeal (SJ) No. 2018 of 2025, which had been dismissed on 24-11-2025 for failing to comply with a peremptory order dated 10-11-2025 that required filing requisites to issue notice to the second opposite party within two weeks. The petitioner argued that the failure was due to inadvertence and that the requisites had subsequently been filed, and the original order was already complied with. The Court examined whether the lapse in the stipulated period justified denial of restoration. Considering the circumstances, the Court allowed the restoration application, imposing a condition that the petitioner deposit Rs. 5,000 with the High Court Legal Services Committee. Consequently, the criminal appeal was restored to its original file for further proceedings.

Issues considered

  • Whether a criminal appeal dismissed for non‑compliance with a peremptory order can be restored when the requisites are filed belatedly.

Subjects

  • Restoration of appeal
  • Criminal procedure
  • Peremptory order
  • High Court
  • Non‑compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11930 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.2018 of 2025
                     Arising Out of PS. Case No.-96 Year-2025 Thana- SATHI District- West Champaran
                 ======================================================
                 Mahahre Pandey @ Mahasher Pandey @ Mahashre Pandey S/O Bhatu @
                 Chandan Pandey R/O Village- Pandey Tola, Mushahri, Ward No. 1,
                 Panchayat- Dhobani Dharampur, Police Station- Sathi, District- West
                 Champaran.

                                                                                   ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar
           2.    Chandraprakash Kumar S/O Bhukhal Ram R/O Village- Siswa, Post Office-
                 Rowari, P.S- Shikarpur, Distt.- West Champaran, Bettiah, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Abu Nasar , Advocate
                 For the State            :        Ms. Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   11-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. This application has been filed for restoration of Cr.

                   Appeal (SJ) No. 2018 of 2025, which stood dismissed on

                   24.11.2025 due to non-compliance of peremptory order dated

                   10.11.2025. By the said order, two weeks’ time was allowed to

                   learned counsel for the petitioner to file requisites to issue notice

                   to Opposite Party No. 2, however, the same was not filed within

                   stipulated time.

                                3. It is submitted by learned counsel for the petitioner
             Patna High Court CR. MISC. No.11930 of 2026(3) dt.11-03-2026
                                                         2/2




                       that due to inadvertence, the requisites could not be filed within

                       stipulated period, rather it was filed belatedly and the order

                       dated 10.11.2025 has already been complied.

                                    4. In view of the aforesaid facts and circumstances of

                       the case, this restoration application is allowed, subject to

                       condition that petitioner shall deposit a sum of Rs. 5,000/- (Five

                       Thousand Rupees) in the Office of Patna High Court Legal

                       Services Committee, Patna.

                                    5. Accordingly, let Cr. Appeal (SJ) No. 2018 of 2025

                       be restored to its original file.

                                    6. Office is directed to verify and proceed further.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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