Patna High Court
Chandan Kumar @ Chandan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- BIBEK CHAUDHURI
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
- Limitation Act — s. 5
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/-
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