Patna High Court
Sujit Kumar @ Sujit RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The criminal appeal (SJ) No.1336 of 2025 is restored to its original file.
Summary
The petitioner, Sujit Kumar, filed an application seeking restoration of Criminal Appeal (SJ) No.1336 of 2025 after it was rejected for failure to serve notice on the second opposite party within the time fixed by the court. The rejection stemmed from the death of the appellant’s counsel, which prevented timely compliance with the court’s order dated 16-12-2025. The petitioner argued that the inability to serve notice was due to this unforeseen circumstance and requested that the appeal be reinstated. The court considered the justification of counsel’s demise as a valid reason for non‑compliance and found no prejudice to the opposite party. Consequently, the court allowed the petition and restored the criminal appeal to its original file.
Issues considered
- Whether a criminal appeal rejected for non‑compliance with a notice order can be restored on the ground of the appellant’s counsel’s death.
Subjects
- criminal appeal
- restoration
- procedural default
- notice order
- counsel death
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15217 of 2026
In
CRIMINAL APPEAL (SJ) No.1336 of 2025
Arising Out of PS. Case No.-146 Year-2024 Thana- GANGABRIDGE District- Vaishali
======================================================
Sujit Kumar @ Sujit Rai S/O Jagdish @ Jagdish Rai @ Jagdesh Ray Resident
of Village - Diwatnak, P.S- Ganda Bridge, Dist.- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Abhishek Kumar Tripathi SHO, Ganga Bridge, P.S, Distt- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor, representing the State.
2. The present application has been filed for
restoration of Cr. Appeal (SJ) No. 1336 of 2025 in which
peremptory order dated 16-12-2025, was passed by this Court
for issuance of notice upon the Opposite Party No.2 but, due to
non-compliance of the same within the prescribed time as fixed
by this Court, the same stood rejected.
3. Learned counsel for the petitioner submits that due
to demise of appellant’s counsel, the requisite for notice upon
the Opposite Party No.2 could not be filed within time as
prescribed by this Court and, therefore, Cr. Appeal (SJ) No.
Patna High Court CR. MISC. No.15217 of 2026(2) dt.25-02-2026
2/2
1336 of 2025 got rejected for non-compliance of the aforesaid
order dated 16-12-2025.
4. For the reasons stated in this application, the prayer
made therein is allowed and, as a result, the Cr. Appeal (SJ) No.
1336 of 2025 is restored to its original file.
5. The petition stands allowed.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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