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Patna High Court

Saurav KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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