Patna High Court

Kuldeep YadavversusThe State of Bihar

Decided: 25 February 2026
Disposal: DISPOSED
Bench: RAJESH KUMAR VERMA

Holding

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

Summary

The petitioners, including Kuldeep Yadav and relatives, filed a restoration petition (Cr. Misc. No.12848 of 2026) seeking to have Criminal Appeal (SJ) No.5278 of 2023 reinstated to its original file. The State of Bihar opposed the petition. The Court examined the reasons set out in the restoration petition and found them sufficient to merit restoration. Accordingly, the prayer for restoration was allowed, and the criminal appeal was restored to its original file. The miscellaneous petition was disposed of, and the Court granted the petitioners an additional four weeks to comply with the order dated 30‑04‑2025.

Issues considered

Whether the criminal appeal (SJ) No.5278 of 2023 can be restored to its original file upon filing of a restoration petition

Subjects

restoration of appeal
criminal procedure
high court
miscellaneous petition
time extension

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.12848 of 2026
                                                 In
                                   CRIMINAL APPEAL (SJ) No.5278 of 2023
                          Arising Out of PS. Case No.-136 Year-2023 Thana- MAHKAR District- Gaya
                   ======================================================
             1.     Kuldeep Yadav S/O Jaylal Yadav R/O Village- Shekha Bigha, P.S- Mahkar,
                    District- Gaya.
             2.    Rahul Kumar S/O Kuldeep Yadav R/O Village- Shekha Bigha, P.S- Mahkar,
                   District- Gaya.
             3.    Bindiya Devi W/O Bhuneshwar Yadav R/O Village- Shekha Bigha, P.S-
                   Mahkar, District- Gaya.
                                                                     ... ... Petitioner/s
                                               Versus
             1.    The State of Bihar Bihar
             2.     Kiran Devi W/O Kailash Paswan R/O Village- Shekha Bigha, P.S- Mahkar,
                    Distt.- Gaya.
                                                                    ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s    :        Mr. Vinod Kumar, Advocate
                   For the State           :        Mr. Md. Aslam Ansari, APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                         ORAL ORDER

2     25-02-2026                      Heard Mr. Vinod Kumar, learned counsel for the
                     petitioners and Mr. Md. Aslam Ansari, 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. 5278 of
                     2023 is restored to its original file.
                                   3. Cr. Misc. No. 12848 of 2026 stands disposed of.
                                   4. As prayed on behalf of the petitioners, four weeks’
                     further time is allowed to comply the order dated 30.04.2025
                     passed in Cr. Appeal (SJ) No. 5278 of 2023.



                                                                   (Rajesh Kumar Verma, J)
Ibrar//-
U        T

Continue reading with your account

Checking your session…