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Patna High Court

Jaypal Kumar @ Jaypal ChauhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is restored to its original file as the non‑compliance was caused by a clerical error.

Summary

The petitioner, Jaypal Kumar, filed an application seeking restoration of Criminal Appeal (SJ) No. 199 of 2025, which had been rejected because the court's order dated 21-11-2025 requiring notice to the second opposite party was not complied with within the prescribed time. The petitioner argued that the failure to serve notice was due to a mistake by the Advocate Clerk, not willful neglect. The court examined whether a procedural lapse caused by a clerical error warranted reinstating the appeal. Finding that the non‑compliance was attributable to a genuine mistake and not to any fault of the petitioner, the court allowed the restoration. Consequently, the appeal was restored to its original file and the petition was allowed.

Issues considered

  • Whether a criminal appeal rejected for non‑compliance with a notice order can be restored when the default is due to a clerical mistake.

Subjects

  • criminal appeal
  • restoration
  • procedural default
  • notice order
  • clerical error

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16165 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.199 of 2025
                 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Jaypal Kumar @ Jaypal Chauhan S/o- Dashrath Chauhan R/v- Raghunathpur
                 Ps- Rahui Dist- Nalanda

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Vyas Muni S/o- Sanjay Manjhi R/v- Dedoor Tola Krishna Mayar River, P/A-
                 Panchayat Mandokhara Ps- Mufassil Dist- Nawada

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kundan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed for

                   restoration of Cr. Appeal (SJ) No. 199 of 2025 in which

                   peremptory order dated 21.11.2025 was passed by this Court of

                   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 mistake on the part of the Advocate Clerk, the requisite for

                   notice upon the Opposite Party No. 2 could not be filed within
             Patna High Court CR. MISC. No.16165 of 2026(2) dt.11-03-2026
                                                         2/2




                       time as prescribed by this Court and, therefore, Cr. Appeal (SJ)

                       No. 199 of 2025 got rejected for non-compliance of the

                       aforesaid order dated 21.11.2025.

                                    4. For the reasons stated in this application, the prayer

                       made therein is allowed and, as a result, the Cr. Appeal (SJ) No.

                       199 of 2025 is restored to its original file.

                                    5. The petition stands allowed.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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