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Patna High Court

SADANAND MANDALversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed the restoration of Criminal Appeal No. 4542 of 2021, subject to each petitioner depositing Rs.5,000.

Summary

The petitioners, Sadanand Mandal and others, filed an application before the Patna High Court seeking restoration of Criminal Appeal No. 4542 of 2021, which had been dismissed for failure to comply with a pre‑emptory order dated 23‑11‑2022. The petition argued that the non‑compliance was remedied and that the appeal should be reinstated. The State, represented by an Assistant Public Prosecutor, opposed the restoration. The Court examined the submissions and found merit in the petitioners' request, directing that the appeal be restored provided each petitioner deposits Rs.5,000 with the High Court Legal Services Committee. The Office of the Court was instructed to verify the deposit and restore the appeal to its original file. Consequently, the petition for restoration was allowed subject to the stipulated condition.

Issues considered

  • Whether a criminal appeal dismissed for non‑compliance with a pre‑emptory order can be restored upon filing a fresh application.
  • Whether imposing a monetary deposit as a condition for restoration is within the court's powers.

Subjects

  • restoration of appeal
  • criminal procedure
  • pre‑emptory order
  • non‑compliance
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61974 of 2025
                                               In
                                 CRIMINAL APPEAL (SJ) No.4542 of 2021
                          Arising Out of PS. Case No.-66 Year-2020 Thana- SC/ST District- Araria
                 ======================================================
           1.     SADANAND MANDAL S/O Neman Mandal R/o vill - Belai, Pothia, ward
                  no. 2, P.S.- Forbesganj, Distt.- Araria
           2.    Ramanand Mandal S/o Late Singheshwar Mandal R/o vill - Belai, Pothia,
                 ward no. 2, P.S.- Forbesganj, Distt.- Araria
           3.    Sunil Mandal S/o Ramanand Mandal R/o vill - Belai, Pothia, ward no. 2,
                 P.S.- Forbesganj, Distt.- Araria
           4.    Sushil Mandal @ Sushil Kumar S/o Ramanand Mandal R/o vill - Belai,
                 Pothia, ward no. 2, P.S.- Forbesganj, Distt.- Araria

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Amita Devi W/o Dilip Ram R/o vill - Pothia, ward no. 2, P.S.- Simraha,
                 Distt- Araria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anil Prasad Singh, Advocate
                 For the Opposite Party/s :        Mr. Surendra Kumar , 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 No. 4542 of 2021 which stood dismissed due to

                   non-compliance of pre–emptory order dated 23.11.2022 .

                                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
            Patna High Court CR. MISC. No.61974 of 2025(4) dt.09-01-2026
                                                        2/2




                      petition is allowed, subject to condition that petitioners shall

                      deposit a sum of Rs. 5,000/-, each in the office of Patna High

                      Court Legal Services Committee, Patna .

                                   4. Office is directed to verify and restore Cr. Appeal

                      No. 4542 of 2021 to its original file .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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