Patna High Court
Dilkhush Yadav @ Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is restored to its original file as the non‑compliance was caused by a clerical error.
Summary
The petitioner, Dilkhush Yadav, filed an application seeking restoration of Criminal Appeal (SJ) No. 3422 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 his own 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 the clerk’s mistake and not to any wilful default by 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 compliance
- notice order
- clerical error
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16555 of 2026
In
CRIMINAL APPEAL (SJ) No.3422 of 2025
Arising Out of PS. Case No.-158 Year-2022 Thana- SHANKARPUR District- Madhepura
======================================================
Dilkhush Yadav @ Dilkhush Kumar Son of Ram Vilas Yadav @ Rambilash
Resident of village - Kabiyahi, P.S.- Shankarpur, District - Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bablu Paswan Son of Late Badri Paswan Resident of village - Bhirakhi,
Ward No.- 23, P.S. and District - Madhepura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mrs. Sucheta Yadav, 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. 3422 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.16555 of 2026(2) dt.11-03-2026
2/2
time as prescribed by this Court and, therefore, Cr. Appeal (SJ)
No. 3422 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.
3422 of 2025 is restored to its original file.
5. The petition stands allowed.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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