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Patna High Court

Deepak Kumar SahversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The criminal appeal is restored to its original file.

Summary

The petitioners – Deepak Kumar Sah, Manish Kumar and Ganga Prasad Sah – filed a criminal miscellaneous petition seeking restoration of Criminal Appeal (SJ) No. 4106 of 2024, which had been dismissed for failure to comply with the High Court’s order dated 07‑04‑2025. The State of Bihar and respondent Bindu Sharma were opposite parties. The Court examined the reasons given in paragraphs 3‑5 of the petition for non‑compliance. It held that the petitioners had satisfied the requirement of paying a nominal fee of Rs 500 to the Patna High Court Legal Services Committee. Consequently, the Court allowed the miscellaneous petition and restored the criminal appeal to its original file. The order was pronounced by Justice Rajiv Roy on 25‑02‑2026.

Issues considered

  • Whether the criminal appeal dismissed for non‑compliance of the order dated 07‑04‑2025 should be restored to its original file?

Subjects

  • criminal procedure
  • restoration of appeal
  • non‑compliance
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3921 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.4106 of 2024
                          Arising Out of PS. Case No.-21 Year-2022 Thana- SC/ST District- Supaul
                 ======================================================
           1.     Deepak Kumar Sah Son of Ravindra Sah Resident of village- Near
                  Chakdumariya, Ward No 18, PS -Supaul Dist -Supaul
           2.    Manish Kumar @ Manish Sah son of Ganga Prasad Sah @ Ganga Sah
                 Resident of village- Near Chakdumariya, Ward No 18, PS -Supaul Dist
                 -Supaul
           3.    Ganga Prasad Sah @ Ganga Sah son of Late Harihar Sah Resident of
                 village- Near Chakdumariya, Ward No 18, PS -Supaul Dist -Supaul


                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Bindu Sharma Son of Late Kanku Sharma Resident of village-
                 Chakdumariya, Ward No 13, PS -Supaul Dist -Supaul


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Pramod Mishra, Advocate
                 For the State            :         Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   25-02-2026                      Heard the parties.

                                 2. The present petition has been preferred for the

                   restoration of Cr. Appeal (SJ) No. 4106 of 2024 to its original

                   file which has been dismissed due to non-compliance of the

                   order dated 07.04.2025

                                 3. For the reasons assigned in paragraph nos. 3 to 5 of

                   the petition, Cr. Misc. No. 3921 of 2026 is allowed subject to

                   payment of Rs.500/- to Patna High Court Legal Services
            Patna High Court CR. MISC. No.3921 of 2026(3) dt.25-02-2026
                                                        2/2




                      Committee.

                                   4. Accordingly, Cr. Appeal (SJ) No. 4106 of 2024 is

                      restored to its original file.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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