Patna High Court

Kamlesh PanditversusThe State of Bihar and others

Decided: 17 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA HARISH KUMAR

Holding

The High Court allowed the restoration of the criminal appeal, directing the appellant to cure the defects within a week.

Summary

Kamlesh Pandit filed a criminal appeal (DB) No.8 of 2022 against the State of Bihar, which had been dismissed or stayed due to procedural defects. The petitioner moved a restoration application seeking to have the appeal reinstated in the original file. The State, represented by an Assistant Public Prosecutor, opposed the restoration. The High Court, after hearing counsel, allowed the restoration application, thereby reviving the appeal. The court directed the appellant to rectify the identified defects within one week, failing which the appeal may be dismissed.

Issues considered

Whether the restoration application filed by the petitioner is maintainable despite procedural defects in the original appeal.
Whether the High Court can restore a criminal appeal to its original file and grant time to cure defects.

Subjects

Criminal Appeal
Restoration
Procedural Defect
High Court
Criminal Procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.65720 of 2024
                                               In
                                  CRIMINAL APPEAL (DB) No.8 of 2022
                     Arising Out of PS. Case No.-88 Year-2004 Thana- KOTWA District- East Champaran
                  ======================================================
                  Kamlesh Pandit Son of Ambika Pandit Resident of Village - Pokhara, P.S. -
                  Kotwa, District- East Champaran
                                                                           ... ... Petitioner/s
                                                  Versus
                  The State of Bihar                              ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Rakesh Kumar, Adv.
                  For the Opposite Party/s :       Mr. Md. Fahimuddin, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                          and
                          HONOURABLE MR. JUSTICE HARISH KUMAR
                                        ORAL ORDER

                  (Per: HONOURABLE MR. JUSTICE SATYAVRAT VERMA)

3    17-04-2026                  Heard learned counsel for the petitioner and the

                    learned APP for the State.

                                 2. In view of the grounds taken in the restoration

                    application, the same stands allowed.

                                 3. Cr. Appeal (DB) No. 08 of 2022 is restored to its

                    original file.

                                 4. The appellant is given liberty to remove the

                    defect(s) within a period of one week from today.



                                               (Satyavrat Verma, J)



                                                (Harish Kumar, J)
shivank/rohit-

U       T

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