Patna High Court

Pandav Yadav @ Pandav Kumar YadavversusThe State of Bihar

Decided: 16 January 2026
Disposal: DISPOSED
Bench: RAJESH KUMAR VERMA

Holding

The court held that the criminal appeal dismissed for default should be restored to its original file.

Summary

Pandav Yadav filed an application seeking restoration of Criminal Appeal (SJ) No.2867 of 2024, which had been dismissed for default on 15 July 2025. The petitioner argued that the dismissal was erroneous and requested that the appeal be reinstated to its original file. The learned Additional Public Prosecutor opposed the restoration. Justice Rajesh Kumar Verma examined the petition and found merit in the petitioner’s reasons for restoration. Consequently, the court ordered that the appeal be restored to its original file and directed that the requisites filed on 16 July 2025 may be used for notice purposes. The restoration petition was thereafter disposed.

Issues considered

What is the appropriate legal standard for restoring a criminal appeal dismissed for default?

Subjects

criminal appeal
restoration
default dismissal
procedural law
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2665 of 2026
                                              In
                                CRIMINAL APPEAL (SJ) No.2867 of 2024
                      Arising Out of PS. Case No.-192 Year-2018 Thana- JALALGARH District- Purnia
                 ======================================================
                 Pandav Yadav @ Pandav Kumar Yadav S/O Late Jaychand Yadav Resident Of
                 Village- Begampur, Police Station- Jalgarh, District- Purnea



                                                                                  ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar
           2.    Rekha Devi W/O Rohin Dhami Resident Of Village- Begampur, Ward no. 7,
                 Police Station- Jalalgarh, District- Purnea


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ajit Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER
2   16-01-2026                     Heard Mr. Ajit Kumar Singh, learned counsel for the

                   petitioner and Mr. Rajendra Singh, learned Additional Public

                   Prosecutor for the State.

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

                   Appl(SJ) No.2867 of 2024 which stood dismissed for default on

                   15.07.2025.

                                3. For the reason stated in the restoration petition, the

                   prayer for restoration is allowed and Cr. Appl(SJ) No.2867 of 2024 is

                   restored to its original file.

                                4. Accordingly, the present restoration petition stands

                   disposed of.
            Patna High Court CR. MISC. No.2665 of 2026(2) dt.16-01-2026
                                                        2/2




                                   5. It is further directed that the requisites filed by the

                      petitioner on 16.07.2025 may be used for the purpose of notices.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

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