Chandan Kumar @ Chandan Kumar Yadav v. The State Of Bihar
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 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