Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is restored subject to the petitioners depositing Rs.5,000 with the High Court Legal Services Committee.
Summary
The petitioners, Saurav Kumar, Ankit Kumar and Akash Kumar, filed an application before the Patna High Court seeking restoration of Criminal Appeal (SJ) No. 4902 of 2024, which had been dismissed for failure to comply with a pre‑emptory order dated 06‑03‑2025. The State of Bihar and respondent Dipankar Kumar opposed the restoration. The court examined the reasons advanced by the petitioners and found them satisfactory. It directed the petitioners to deposit Rs.5,000 with the High Court Legal Services Committee as a condition for restoration. Upon verification of the deposit, the court ordered that the appeal be restored to its original file.
Issues considered
- Whether a criminal appeal dismissed for non‑compliance with a pre‑emptory order can be restored upon filing a restoration application
- Whether the condition of depositing a sum with the Legal Services Committee is a valid prerequisite for restoration
Subjects
- restoration of appeal
- criminal procedure
- pre‑emptory order
- non‑compliance
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52118 of 2025
In
CRIMINAL APPEAL (SJ) No.4902 of 2024
Arising Out of PS. Case No.-42 Year-2024 Thana- PIPRA District- Patna
======================================================
1 . Saurav Kumar S/o Rajesh Prasad Resident of Baharawan Chakiya, P.S-
Pipara, District-Patna
2. Ankit Kumar S/o Umesh Kewat Resident of Baharawan Chakiya, P.S-
Pipara, District-Patna
3. Akash Kumar S/o Vishawa Mohan Prasad @ Vishva Mohan Prasad Resident
of Baharawan Chakiya, P.S-Pipara, District-Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dipankar Kumar S/o Lal Mohan Das Resident of Baharawan Chakiya, P.S-
Pipara, District-Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Singh, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 09-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State .
2. This application has been filed for restoration of
Cr. Appeal (SJ) No. 4902 of 2024 which stood dismissed due to
non – compliance of Pre-emptory order dated 06.03.2025 .
3. The submissions advanced by learned counsel
appearing on behalf of the petitioners and reasons mentioned in
the restoration application are accepted and this restoration
petition is allowed, subject to condition that petitioners shall
Patna High Court CR. MISC. No.52118 of 2025(4) dt.09-01-2026
2/2
deposit a sum of Rs. 5,000/- in the office of Patna High Court
Legal Services Committee, Patna .
4. Office is directed to verify and restore Cr. Appeal
(SJ) No. 4902 of 2024 to its original file .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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