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Patna High Court

Bhola KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The criminal appeal (SJ) No. 4392 of 2025 is restored to its original file.

Summary

The petitioner Bhola Kumar filed an application seeking restoration of Criminal Appeal (SJ) No. 4392 of 2025, which had been rejected because the court's peremptory order dated 05.02.2026 requiring notice to Respondent No.2 was not complied with within the stipulated time. The petitioner argued that the failure to serve notice was due to a mistake by the Advocate Clerk, not willful neglect. The court examined whether such a clerical error justified setting aside the earlier rejection and restoring the appeal. Relying on principles of procedural fairness, the court held that the mistake warranted relief. Consequently, the petition was allowed and the criminal appeal was restored to its original file.

Issues considered

  • What is the effect of a clerical mistake by counsel on compliance with a court's peremptory order for notice?
  • Can a criminal appeal rejected for non‑compliance be restored on the ground of such a mistake?

Subjects

  • criminal appeal
  • restoration
  • procedural default
  • notice order
  • clerical mistake
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27066 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.4392 of 2025
                 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Bhola Kumar S/O Tuntun Jamadar R/O Vill.- Niyamatpur, P.s.- Harnaut
                 (Chero), Dist.- Nalanda, Bihar
                                                                   ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.    Vyas Muni S/O Sanjay Manjhi Vill.- Krishna Nagar, Dedaur, P.S.- Mufassil,
                 Dist.- Nawada.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajoday Satyjeet, Advocate
                 For the Opposite Party/s :      Mr.Choubey Jawahar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   17-04-2026                  Heard learned counsel for the petitioner and Mr.

                   Choubey Jawahar, learned Additional Public Prosecutor,

                   representing the State.

                                2. The present application has been filed for

                   restoration of Criminal Appeal (SJ) No. 4392 of 2025 in which

                   peremptory order dated 05.02.2026, was passed by this Court

                   for issuance of notice upon the Respondent No.2 and due to

                   non-compliance of the same within the prescribed time as fixed

                   by this Court, the same stood rejected.

                                3. Learned counsel for the petitioner submits that due

                   to mistake on the part of the Advocate Clerk, the requisite for

                   notice upon the Respondent No.2 could not be filed within time
           Patna High Court CR. MISC. No.27066 of 2026(2) dt.17-04-2026
                                                       2/2




                     as prescribed by this Court and, therefore, Cr. Appeal (SJ) No.

                     4392 of 2025 got rejected for non-compliance of the aforesaid

                     order dated 05.02.2026.

                                  4. For the reasons stated in this application and the

                     submission made in support thereof, the prayer made therein is

                     allowed and, as a result, the Cr. Appeal (SJ) No. 4392 of 2025,

                     is restored to its original file.

                                  5. The petition stands allowed.



                                           (Rudra Prakash Mishra, J)
manish/-

U


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