Patna High Court

Rajesh Kumar SharmaversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that the criminal appeal dismissed for default may be restored upon payment of Rs.10,000 and removal of defects within eight weeks.

Summary

The petitioner filed a restoration petition seeking to revive Criminal Appeal (SJ) No. 2815 of 2022, which had been dismissed for default on 29 August 2023. The High Court examined the reasons advanced in the petition and considered whether the appeal could be reinstated despite the earlier dismissal. The Court held that the appeal could be restored provided the petitioner complied with certain conditions. Accordingly, the petitioner was directed to deposit Rs.10,000 with the Patna High Court Legal Services Authority. The Court also granted the petitioner eight weeks from the date of the order to rectify the defects in the appeal. The restoration petition was therefore allowed subject to the stipulated conditions.

Issues considered

Whether a criminal appeal dismissed for default may be restored upon filing a restoration petition and compliance with prescribed conditions
Whether the petitioner is required to deposit a fee with the High Court Legal Services Authority as a condition for restoration

Subjects

restoration of appeal
default dismissal
criminal procedure
High Court order
legal services authority fee

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60249 of 2024
                                               In
                                 CRIMINAL APPEAL (SJ) No.2815 of 2022
                          Arising Out of PS. Case No.-813 Year-2015 Thana- BIHTA District- Patna
                 ======================================================
                 Rajesh Kumar Sharma S/o Shri Arvind Kumar Sharma R/o vill and P.o. -
                 Bihta, P.S. - Bihta, Distt. - Patna

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Chinta Devi W/o Ram Bali Ram R/o vill, P.O. and P.S. - Bihta, Distt. - Patna


                                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s       :      Mr. Dhananjay Kumar , Advocate

                 For the Opposite Party/s :        Mr. Ramchandra Sahni , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                          Instant restoration petition has been filed for

                   restoration of Cr. Appeal (SJ) No. 2815 of 2011 which stood

                   dismissed for default on 29.08.2023 .

                                 2. In view of the reasons mentioned in the

                   restoration petition, the same is allowed, subject to condition

                   that petitioner shall deposit Rs.10,000/- to the Patna High

                   Court Legal Services Authority .

                                 3 . Accordingly, Restoration petition is allowed.

                                 4. Further, eight weeks time from today is granted to
            Patna High Court CR. MISC. No.60249 of 2024(2) dt.18-02-2026
                                                        2/2




                      the petitioner to remove defect/s, in Cr. APP ( SJ) 2815 of

                      2022 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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