Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is restored to its original file despite the earlier rejection for non‑compliance.
Summary
The petitioner, Aman Kumar, filed Criminal Appeal (SJ) No. 3380 of 2025. The Patna High Court had earlier ordered that a notice be issued to Opposite Party No.2, but the notice was not filed within the prescribed time due to a mistake by the Advocate Clerk. Consequently, the appeal was rejected for non‑compliance with the court’s order dated 21‑11‑2025. The petitioner filed a criminal miscellaneous application seeking restoration of the appeal, arguing that the default was purely clerical. The court examined whether the appeal could be reinstated despite the procedural lapse. Finding merit in the petitioner's claim, the court allowed the application and restored the appeal to its original file.
Issues considered
- Whether a criminal appeal rejected for non‑compliance with a notice order can be restored when the default is attributable to a clerical mistake.
Subjects
- criminal appeal
- restoration
- procedural default
- notice order
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6757 of 2026
In
CRIMINAL APPEAL (SJ) No.3380 of 2025
Arising Out of PS. Case No.-889 Year-2024 Thana- PIRBAHOR District- Patna
======================================================
Aman Kumar S/o- Jitedra Kumar Babhan Toli Rajapul Near Hanuman
Mandir, Mainpura, PS- Buddha Colony, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sangeeta Devi W/o- Late Vinay Kumar Das R/v- Lundru Po- Deokuli Ps-
Echak Dist- Hazaribagh, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhukar Anand, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor, representing the State.
2. The present application has been filed for
restoration of Cr. Appeal (SJ) No. 3380 of 2025 in which
peremptory order dated 21-11-2025, was passed by this Court
for issuance of notice upon the Opposite Party No.2 but, due to
non-compliance of the same within the prescribed time as fixed
by this Court, the same stood rejected.
3. Learned counsel for the petitioner submits that due
to mistake on the part of the Advocate Clerk, the requisite for
notice upon the Opposite Party No.2 could not be filed within
Patna High Court CR. MISC. No.6757 of 2026(2) dt.30-01-2026
2/2
time as prescribed by this Court and, therefore, Cr. Appeal (SJ)
No. 3380 of 2025 got rejected for non-compliance of the
aforesaid order dated 21.11.2025.
4. For the reasons stated in this application, the prayer
made therein is allowed and, as a result, the Cr. Appeal (SJ) No.
3380 of 2025 is restored to its original file.
5. The petition stands allowed.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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