Created by Fuzzy Cloud

Patna High Court

Rajdeo Yadav @ Raj Dev Yadav @ Raj Dev Prasad YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal dismissed for default is restored to its original file.

Summary

The petitioner, Rajdeo Yadav, filed an application before the Patna High Court seeking restoration of Criminal Appeal (S.J.) No. 4578 of 2019, which had been dismissed for default on 13 January 2026. The appeal pertained to a criminal case arising from PS. Case No. 204 of 2014 in Supaul district. The issue before the court was whether the appeal, dismissed for procedural default, could be reinstated upon a fresh application. The court examined the procedural provisions governing restoration of dismissed appeals and found no impediment to granting relief. Accordingly, the court allowed the petitioner's application and ordered that the appeal be restored to its original file. The order effectively reinstated the appeal for further hearing.

Issues considered

  • Whether a criminal appeal dismissed for default can be restored upon application

Subjects

  • criminal appeal
  • default dismissal
  • restoration of appeal
  • procedural law
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.15127 of 2026
                                                  In
                                    CRIMINAL APPEAL (SJ) No.4578 of 2019
                          Arising Out of PS. Case No.-204 Year-2014 Thana- PIPRA District- Supaul
                 ======================================================
                 Rajdeo Yadav @ Raj Dev Yadav @ Raj Dev Prasad Yadav S/o Late Raghu
                 Yadav R/o Village - Lalmaniya, Ward No.6, Ratauli, P.S - Pipra, District -
                 Supaul


                                                                                      ... ... Petitioner/s
                                                          Versus
           1.    The State of Bihar
           2.    Ram Chandra Yadav S/o Sinehi Yadav R/o Village - Lalmaniya, P.S - Pipra,
                 District - Supaul
           3.    Sanjay Yadav S/o Ram Chandra Yadav R/o Village - Lalmaniya, P.S - Pipra,
                 District - Supaul


                                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Bam Bahadur Jha, Advocate
                 For the State             :        Mr.Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                  2. The present application has been filed for

                   restoration of Cr. Appeal (S.J.) No. 4578 of 2019, which was

                   dismissed for default on 13.01.2026.

                                  3. For the reasons stated in the application, the same is

                   allowed.
           Patna High Court CR. MISC. No.15127 of 2026(2) dt.25-02-2026
                                                       2/2




                                  4. Accordingly, Cr. Appeal (S.J.) No. 4578 of 2019 is

                     restored to its original file.


                                                                      (Sandeep Kumar, J)

P. Kumar

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.