Patna High Court
Vijay Manjhi @ Vijay BhuiyanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The criminal appeal (SJ) No. 1478 of 2025 is restored to its original file.
Summary
The petitioners, five individuals from Nanhakachak village, filed an application before the Patna High Court seeking restoration of Criminal Appeal (SJ) No. 1478 of 2025, which had been dismissed for failure to comply with a peremptory order dated 16 July 2025. The State of Bihar and a co‑respondent opposed the restoration. The learned counsel for the petitioners argued that the defects could be remedied and that the dismissal was premature. The Court examined whether a criminal appeal dismissed for non‑compliance could be reinstated upon a proper application. Finding merit in the petitioners' request, the Court allowed the restoration and ordered the appeal to be placed back in its original file. Additionally, the Court granted the petitioners one week to rectify the identified defects.
Issues considered
- Whether a criminal appeal dismissed for non‑compliance with a peremptory order can be restored upon a fresh application.
Subjects
- restoration of appeal
- criminal procedure
- peremptory order
- non‑compliance
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19315 of 2026
In
CRIMINAL APPEAL (SJ) No.1478 of 2025
Arising Out of PS. Case No.-172 Year-2024 Thana- TANKUPPA District- Gaya
======================================================
1. Vijay Manjhi @ Vijay Bhuiyan son of Jatan Manjhi
2. Vijay Choudhary son of Ramu choudhary
3. Sukhdeo Manjhi Son of Nanhak Manjhi
4. Rambriksh @ Briksh Manjhi son of Nanhak Manjhi
5. Pintu Manjhi son of Jatan Manjhi
All R/o village -Nanhakachak P S -Tankuppa District -Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Raju Kumar Son of Ruplal Paswan R/o village- Jehali Bigha, Ps- Tankuppa,
Dist- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 03-04-2026 Heard Mr.Vinod Kumar, learned counsel for the
petitioner and Mr.Jitendra Kumar Singh, learned A.P.P. for the
State.
2. This application has been filed for restoration of Cr.
Appeal (SJ) No. 1478 of 2025 which stood dismissed for non-
compliance of peremptory order dated 16.07.2025.
3. For the reasons stated in the restoration application,
the prayer for restoration is allowed and Cr. Appeal (SJ) No.
1478 of 2025 is restored to its original file.
Patna High Court CR. MISC. No.19315 of 2026(2) dt.03-04-2026
2/2
4. Accordingly, the restoration application stands
allowed.
5. As prayed for, further one week time is allowed to
remove the defects, as pointed out by the office, in Cr. Appeal
(SJ) No. 1478 of 2025.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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