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Patna High Court

Sangham Kumar ChoudharyversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The criminal appeal is restored to its original file.

Summary

Sangham Kumar Choudhary filed an application seeking restoration of his criminal appeal (SJ) No.238 of 2024, which had been dismissed for failure to comply with a peremptory order dated 07‑05‑2025. The petitioner argued that the non‑compliance was remedied and requested the court to reinstate the appeal. Justice Rajesh Kumar Verma examined the restoration application and found the reasons satisfactory. The court allowed the restoration, directing that the appeal be placed back in its original file. Additionally, the court granted the petitioner ten days to comply with the original peremptory order.

Issues considered

  • Whether a criminal appeal dismissed for non‑compliance with a peremptory order can be restored?

Subjects

  • restoration of appeal
  • criminal procedure
  • peremptory order
  • non‑compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23840 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.238 of 2024
                    Arising Out of PS. Case No.-29 Year-2022 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
                 Sangham Kumar Choudhary Son of Amresh Choudhary Resident of village -
                 Rasidpur, P.S. - Bachhwara, District -Begusarai.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    Ramu Choudhary Son of Late Bishundev Chodhary Resident of village
                 Chakdilar Rasidpur (Rasidpur), ward No.4, P.S. - Bachwara, District -
                 Begusarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Manoj Kumar Singh, Advocate
                 For the Opposite Party/s :    Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   10-04-2026                   Heard Mr. Manoj Kumar Singh, learned counsel for

                   the petitioner and Mr. Binod Kumar, learned A.P.P. for the State.

                                2. This application has been filed for restoration of Cr.

                   App. (SJ). No. 238 of 2024 which stood dismissed for non-

                   compliance of peremptory order dated 07.05.2025.

                                3. For the reasons stated in the restoration application,

                   the prayer for restoration is allowed and Cr. App. (SJ). No. 238

                   of 2024 is restored to its original file.

                                4. Accordingly, the restoration application stands

                   allowed.

                                5. As prayed for, further ten days time is allowed to
            Patna High Court CR. MISC. No.23840 of 2026(2) dt.10-04-2026
                                                        2/2




                      comply with the order dated 07.05.2025 passed in Cr. App.

                      (SJ). No. 238 of 2024.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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