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Patna High Court

Munna Yadav @ YashpalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal dismissed for default is restored upon acceptance of the restoration application and payment of the prescribed deposit.

Summary

Munna Yadav and Ramdev Yadav filed a petition for restoration of their criminal appeal (No. 2229 of 2025) which had been dismissed for default on 18‑08‑2025. The petitioners argued that they had complied with the requirements for restoration and sought the court’s permission to revive the appeal. The High Court examined the restoration application and the reasons provided by the petitioners. Accepting the submissions, the Court allowed the restoration on the condition that each petitioner deposit Rs 5,000 with the Patna High Court Legal Services Committee. The Office was directed to verify the deposit and restore the appeal to its original file.

Issues considered

  • Whether a criminal appeal dismissed for default can be restored upon filing a restoration application and compliance with the court’s conditions?

Subjects

  • criminal appeal
  • restoration
  • default dismissal
  • legal services deposit
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81751 of 2025
                                               In
                                 CRIMINAL APPEAL (SJ) No.2229 of 2025
                       Arising Out of PS. Case No.-207 Year-2014 Thana- FATEHPUR District- Gaya
               ======================================================
           1 . Munna Yadav @ Yashpal S/o Sidheshwar Prasad Yadav R/o vill - Aiwan,
                P.s.- Fatehpur, Distt.- Gaya
           2.    Ramdev Yadav S/o Baleshwar Yadav R/o vill - Aiwan, P.s.- Fatehpur, Distt.-
                 Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Lailun Devi W/o Munni Rajwanshi R/o vill - Aiwan, P.s.- Fatehpur, Distt.-
                 Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheikh Arkan Ahmad , Advocate
                 For the Opposite Party/s :       Mrs. Madhuri Lata , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   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. 2229 of 2025 which stood dismissed for default

                   vide order dated 18.08.2025 due to non – compliance of the

                   order.

                                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

                   petition is allowed, subject to condition that petitioners shall
            Patna High Court CR. MISC. No.81751 of 2025(3) dt.09-01-2026
                                                        2/2




                      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. 2229 of 2025 to its original file .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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