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Patna High Court

Raju Yadav @ Raju Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The criminal appeal (SJ) No.5358/2024 is restored to its original file.

Summary

The petitioners, Raju Yadav and Rajesh Yadav, filed a restoration application for Criminal Appeal (SJ) No.5358/2024, which had been dismissed for non‑compliance. The High Court examined Section 403 of the Bihar Negotiable Sanhita, which generally prohibits alteration of a final judgment except for clerical errors. The Court held that this restriction does not bar the restoration of a dismissed appeal when sufficient cause is shown, relying on the Supreme Court’s decision in Vishnu Agarwal v. State of U.P. The application, supported by an affidavit, demonstrated such cause. Consequently, the Court restored the appeal to its original file and allowed the restoration application.

Issues considered

  • Whether a criminal appeal dismissed for non‑compliance can be restored under Section 403 of the Bihar Negotiable Sanhita.
  • Whether the Supreme Court precedent in Vishnu Agarwal v. State of U.P. permits restoration despite the statutory restriction.

Legislation cited

Subjects

  • criminal appeal
  • restoration
  • non‑compliance
  • Section 403
  • judicial review
  • ends of justice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.557 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.5358 of 2024
                        Arising Out of PS. Case No.-47 Year-2018 Thana- SC/ST District- Madhubani
                 ======================================================
           1.     Raju Yadav @ Raju Kumar Yadav Son of Bechai Yadav R/O Village- Bheja,
                  P.S.- Bheja, District- Madhubani
           2.    Rajesh Yadav Son of Bachai Yadav R/O Village- Bheja, P.S.- Bheja, District-
                 Madhubani

                                                                                    ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Patna
           2.    Sitaram Ram Son of Late Shivan Ram R/O Village- Bheja, P.S.- Bheja,
                 District- Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :         Mr.Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   15-04-2026                       Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                                2. The petitioners seek restoration of Cr. Appeal (SJ)

                   No.5358/2024 which stood dismissed for non-compliance vide

                   order dated 18.04.2025.

                                3. In the opinion of this Court, Section 403 of the

                   BNSS provides as follows:

                                              “403. Court not to alter judgment.
                                              Save as otherwise provided by this Sanhita or by any
                                              other law for the time being in force, no Court, when it
                                              has signed its judgment or final order disposing of a
                                              case, shall alter or review the same except to correct a
                                              clerical or arithmetical error.”
           Patna High Court CR. MISC. No.557 of 2026(3) dt.15-04-2026
                                                       2/2




                                  4. The aforesaid provision, though placing a

                     restriction on alteration or review of a final judgment, does not

                     preclude restoration of a matter dismissed for non-complaince,

                     upon sufficient cause being shown, in order to secure the ends

                     of justice as held by the Apex Court in the case of Vishnu

                     Agarwal vs State Of U.P. & Anr passed in Criminal Appeal

                     No(S). 1323 Of 2004.

                                  5. In view of the above information and pleadings

                     made in the restoration application and the affidavit the Cr.

                     Appeal (SJ) No.5358/2024 is restored to its original file.

                                  6. The restoration application stands allowed.



                                                (Purnendu Singh, J)
Ashishsingh/-

U      T


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