Patna High Court
Ramesh Kumar @ Ramesh SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the restoration of Criminal Appeal (SJ) No.2725 of 2025 subject to the petitioners depositing Rs 5,000 each.
Summary
The petitioners Ramesh Kumar, Annu Kumari and Draupadi Devi filed an application seeking restoration of Criminal Appeal (SJ) No.2725 of 2025, which had been dismissed on 7 October 2025 for failure to comply with a peremptory order dated 18 September 2025 requiring the filing of requisites to issue notice to the second opposite party within two weeks. The petitioners argued that the delay was inadvertent and that the requisites were filed belatedly on 17 April 2026, after the original order had been complied with. The learned counsel for the State opposed the restoration. The Court examined whether the discretion to restore a dismissed appeal could be exercised despite the belated filing of the required requisites. It held that, given the circumstances and the petitioners’ willingness to deposit a nominal sum, restoration could be granted. Accordingly, the Court ordered the appeal restored on condition that each petitioner deposit Rs 5,000 with the High Court Legal Services Committee.
Issues considered
- Whether a criminal appeal dismissed for non‑compliance with a peremptory order can be restored after a belated filing of the required requisites?
- Whether the court may impose a condition of deposit of money for restoration of the appeal?
Subjects
- restoration of appeal
- criminal procedure
- peremptory order
- non‑compliance
- legal services committee
- deposit condition
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19312 of 2026
In
CRIMINAL APPEAL (SJ) No.2725 of 2025
Arising Out of PS. Case No.-67 Year-2024 Thana- SC/ST District- Begusarai
======================================================
1. Ramesh Kumar @ Ramesh Sah S/O Ram Bahadur Sah R/O Village-
Gorgama, P.S- Nayagaon, District- Begusarai. At present R/O Village- Lalu
Nagar, Ayodhabari (Ayodhyabari) Ward no. 01, Khatopur, P.S- Lakho, Distt.-
Begusarai.
2. Annu Kumari @ Annu Devi W/O Ramesh Kumar @ Ramesh Sah R/O
Village-Gorgama, P.S- Nayagaon, District- Begusarai. At present R/O
Village- Lalu Nagar, Ayodhabari (Ayodhyabari) Ward no. 01, Khatopur, P.S-
Lakho, Distt.- Begusarai.
3. Draupadi Devi W/O Ram Bahadur Sah R/O Village-Gorgama, P.S-
Nayagaon, District- Begusarai. At present R/O Village- Lalu Nagar,
Ayodhabari (Ayodhyabari) Ward no. 01, Khatopur, P.S- Lakho, Distt.-
Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chadrakala Kumari W/O Pashupati Paswan R/O Village- Lalu Nagar, Ward
No. 2, P.S- Lakho, Distt.- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Sandip Kumar Gautam, Advocate
For the State : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 01-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. This application has been filed for restoration of Cr.
Appeal (SJ) No. 2725 of 2025, which stood dismissed on
07.10.2025 due to non-compliance of peremptory order dated
18.09.2025. By the said order, two weeks’ peremptory time was
Patna High Court CR. MISC. No.19312 of 2026(3) dt.01-05-2026
2/2
granted to learned counsel for the petitioners to file requisites to
issue notice to Opposite Party No. 2, however, the same was not
filed within stipulated time.
3. It is submitted by learned counsel for the petitioner
that due to inadvertence, the requisites could not be filed within
stipulated period, rather it was filed belatedly on 17.04.2026 and
the order dated 18.09.2025 has already been complied.
4. In view of the aforesaid facts and circumstances of
the case, this restoration application is allowed, subject to
condition that petitioners shall deposit a sum of Rs. 5,000/-
(Five Thousand Rupees) each in the Office of Patna High Court
Legal Services Committee, Patna.
5. Accordingly, let Cr. Appeal (SJ) No. 2725 of 2025
be restored to its original file.
6. Office is directed to verify and proceed further.
(Prabhat Kumar Singh, J)
shashank/-
U T
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