Patna High Court
Munna Yadav @ Munna Kumar SaoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court restored the criminal appeal to its original file.
Summary
The petitioners Munna Yadav, Sintu Goswami and Jairam Kumar filed a criminal appeal (SJ) No. 1919 of 2025 against the State of Bihar and Dipak Kumar, which had been dismissed for non‑prosecution because the required notices were not filed within the time prescribed by the order dated 17‑10‑2025. The petitioners subsequently filed a restoration application arguing that the notices, though filed after the deadline, should not bar the appeal. The learned counsel for the petitioners contended that the appeal should be reinstated to its original file. The High Court examined whether the lapse of time for filing the notices could be condoned and the appeal restored. The Court allowed the restoration application, directing the office to issue the pending notice and restore the appeal to its original file.
Issues considered
- Whether a criminal appeal dismissed for non‑prosecution due to untimely filing of notices can be restored despite the lapse of the prescribed time
Subjects
- criminal appeal
- restoration
- non‑prosecution
- notice
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19303 of 2026
In
CRIMINAL APPEAL (SJ) No.1919 of 2025
Arising Out of PS. Case No.-19 Year-2022 Thana- SC/ST District- Lakhisarai
======================================================
1. Munna Yadav @ Munna Kumar Sao S/o Asho Sao R/o Village- Khemtarni
Asthan, PS- Surajgarha, Dist.- Lakhisarai
2. Sintu Goswami S/o Vishnudeo Goswami R/o Village- Khemtarni Asthan,
PS- Surajgarha, Dist.- Lakhisarai
3. Jairam Kumar @ Jai Ram Yadav S/o Goverdhan Yadav R/o Village-
Khemtarni Asthan, PS- Surajgarha, Dist.- Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dipak Kumar S/o Banwari Das @ Wano Das R/o vill - Khemtarni, P.S.-
Suryagarha, Distt.- Lakhisarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabi Bhushan
For the Opposite Party/s : Mr.Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioners submits that Cr.
Appeal (SJ) No. 1919 of 2025 was dismissed for non-
prosecution on the ground that notices in terms of order dated
17-10-2025 could not be filed in time, but the same came to be
filed after the time for filing lapsed, as such in view of the
grounds taken in the restoration application, Cr. Appeal (SJ) No.
1919 of 2025 is restored to its original file.
Patna High Court CR. MISC. No.19303 of 2026(2) dt.03-04-2026
2/2
3. Accordingly, the instant restoration application
stands allowed.
4. The office is directed to issue the notice filed by the
appellants in Cr. Appeal (SJ) No. 1919 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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