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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.557 of 2026 In CRIMINAL APPEAL (SJ) No.5358 of 2024 Arising Out of PS. Case No.-47 Year-2018 Thana- SC/ST District- Madhubani ====================================================== 1.

Raju Yadav @ Raju Kumar Yadav Son of Bechai Yadav R/O Village- Bheja, P.S.- Bheja, District- Madhubani 2.

Rajesh Yadav Son of Bachai Yadav R/O Village- Bheja, P.S.- Bheja, DistrictMadhubani ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Sitaram Ram Son of Late Shivan Ram R/O Village- Bheja, P.S.- Bheja, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-04-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

2. The petitioners seek restoration of Cr. Appeal (SJ) No.5358/2024 which stood dismissed for non-compliance vide order dated 18.04.2025.

3. In the opinion of this Court, Section 403 of the BNSS provides as follows:

"403. Court not to alter judgment.

Save as otherwise provided by this Sanhita or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error."

Patna High Court CR. MISC. No.557 of 2026(3) dt.15-04-2026 2/2

4. The aforesaid provision, though placing a restriction on alteration or review of a final judgment, does not preclude restoration of a matter dismissed for non-complaince, upon sufficient cause being shown, in order to secure the ends of justice as held by the Apex Court in the case of Vishnu Agarwal vs State Of U.P. & Anr passed in Criminal Appeal No(S). 1323 Of 2004.

5. In view of the above information and pleadings made in the restoration application and the affidavit the Cr. Appeal (SJ) No.5358/2024 is restored to its original file.

6. The restoration application stands allowed. (Purnendu Singh, J) Ashishsingh/- U T