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Patna High Court

Chandan Kumar @ Chandan Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the delay is condoned and the criminal appeal is restored for hearing.

Summary

The petitioner filed an application under Section 5 of the Limitation Act seeking condonation of a 95‑day delay in filing a restoration application for Criminal Appeal (SJ) No.1233 of 2025, which had been dismissed for default without a hearing. The court examined the petitioner's explanation for the delay and found it satisfactory. Accordingly, the court condoned the delay, allowed the restoration application, and directed that the appeal be taken up for hearing before the competent bench. The judgment emphasizes that a criminal appeal cannot be dismissed without affording the appellant an opportunity to be heard. The order restores the appeal to the court's docket for further consideration.

Issues considered

  • Whether the delay of 95 days in filing a restoration application can be condoned under Section 5 of the Limitation Act.
  • Whether a criminal appeal dismissed for default without hearing can be restored.

Legislation cited

Subjects

  • Limitation Act
  • Section 5
  • condonation of delay
  • criminal appeal
  • restoration of appeal
  • default dismissal
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81699 of 2025
                                               In
                                 CRIMINAL APPEAL (SJ) No.1233 of 2025
                      Arising Out of PS. Case No.-79 Year-2024 Thana- DEODHA District- Madhubani
                 ======================================================
                 Chandan Kumar @ Chandan Kumar Yadav Son of Visheshwar Yadav
                 Resident of village- Bela, P.S.-Jaynagar, District- Madhubani, Under the
                 guardianship of his father namely Visheshwar Yadav, aged about- 58 years,
                 son of Haridev Yadav, resident of village- Bela, Ward No. 05, Hajra Tola,
                 P.S.- Jaynagar, District- Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mrs. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

4   24-04-2026                  I.A. No. 01/2026

                                This is an application under Section 5 of the

                   Limitation Act filed by the petitioner for condonation of delay in

                   filing the restoration application by 95 days.

                                2. The petition is taken up for hearing in presence of

                   the learned Advocate on behalf of the petitioner and the learned

                   Advocate on behalf of the State.

                                3. I have perused the application, specially paragraph

                   Nos.4 & 5 of the same, where the petitioner satisfactorily

                   explained the delay in filing the restoration application.

                                4. Cause shown appears to be sufficient and

                   accordingly, the I.A. No.01 of 2026 is allowed and delay is
             Patna High Court CR. MISC. No.81699 of 2025(4) dt.24-04-2026
                                                         2/2




                       condoned.

                                    5. The above numbered criminal appeal was

                       dismissed for default without giving an opportunity to the

                       appellant of hearing and no criminal appeal can be dismissed

                       without giving opportunity to the appellant for hearing, the

                       instant application is allowed.

                                    6. The application for restoration of Crl. Appeal (SJ)

                       No.1233 of 2025 be taken up to its file.

                                    7. The record be placed before the Competent Bench

                       having roster.



                                                 (Bibek Chaudhuri, J)
mdrashid/-

U      T


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