Dismissed¶29

Krishna Kumar Mahto @ Kishun Mahto @ Kishun Mahto v. The State of Bihar

Patna HC2 Jul 2025CR. APP (SJ)/1468/2025

Case brief

AI extract

What is this about?

Patna High Court (Nawneet Kumar Pandey, J., 02-07-2025) dismisses Criminal Appeal (SJ) No. 1468 of 2025: condonation of 103-day delay in filing appeal refused; appellants were aware of the court below's 26-09-2024 rejection of their discharge petition (G.R. No. 1529 of 2015, T.R. No. 292 of 2022; Lakhnaur PS Case 128/2015, Madhubani); cause of delay held insufficiently explained; I.A. No. 01 of 2025 rejected and appeal dismissed.

What did the court decide?

The cause of delay in preferring the Memo of Appeal has not been sufficiently explained. ¶27

Krishna Kumar Mahto @ Kishun Mahto @ Kishun Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1468 of 2025

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Arising Out of PS. Case No.-128 Year-2015 Thana- LAKHNAUR District- Madhubani

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======================================================

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Krishna Kumar Mahto @ Kishun Mahto @ Kishun Mahto S/o Kedar Mahto Resident of Village- Dip, P.s.- Jhanjharpur R.S., Distt.- Madhubani

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Anil Kumar Mahto @ Anil Mahto S/o Kishun Mahto @ Kishnu Mahto @ Kishun Mahto @ Krishna Kumar Mahto Resident of Village- Dip, P.s.Jhanjharpur R.S., Distt.- Madhubani

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Manoj Kumar Mahto @ Munna Mahto S/o Kedar Mahto Resident of Village- Dip, P.s.- Jhanjharpur R.S., Distt.- Madhubani

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Rajiv Kumar Mahto @ Rajiv Mahto S/o Rajo Mahto Resident of VillageDip, P.s.- Jhanjharpur R.S., Distt.- Madhubani

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Mohan Kumar Mahto @ Mohan Mahto S/o Baij Nath Mahto @ Baidya Nath Mahto Resident of Village- Dip, P.s.- Jhanjharpur R.S., Distt.- Madhubani

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Sachin Mahto S/o Mohan Mahto Resident of Village- Dip, P.s.- Jhanjharpur R.S., Distt.- Madhubani

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Sunil Kumar Mahto @ Sunil Mahto S/o Kishun Mahto @ Kishnu Mahto @ Kishun Mahto @ Krishna Kumar Mahto Resident of Village- Dip, P.s.Jhanjharpur R.S., Distt.- Madhubani

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Sanjiv Kumar @ Sanjit Kumar Mahto @ Sanjit Mahto @ Sanjit @ Baua Mahto S/o Raju Mahto Resident of Village- Dip, P.s.- Jhanjharpur R.S., Distt.- Madhubani

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... ... Appellant/s

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Versus

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The State of Bihar

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Dana Devi W/o Mahavir Paswan Resident of Village- Dip, P.s.- Jhanjharpur R.S., Distt.- Madhubani

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... ... Respondent/s

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======================================================

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Appearance :

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For the Appellant/s : Mr.Ramchandra Jha Raman For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER

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3 02-07-2025 Re: I.A. No. 01 of 2025

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Heard.

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This interlocutory application has been filed for

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condonation of delay of 103 days in preferring the Memo of

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Appeal.

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Patna High Court CR. APP (SJ) No.1468 of 2025(3) dt.02-07-2025 2/2

¶26

It has been submitted on behalf of the appellants that after passing of the impugned order dated 26-09-2024 passed in G.R. No. 1529 of 2015, T.R. No. 292 of 2022 arising out of Lakhnaur (R.S.O.P.) P.S. Case No. 128 of 2015, the family members of the appellants approached the conducting lawyer and they were advised to come with certain documents. The appellants could not be able to arrange money in time for engaging a lawyer to prefer the appeal and that is why, delay occurred in preferring the appeal.

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The cause of delay has not sufficiently been explained.

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Since by impugned order dated 26-09-2024, the petition for discharge filed by the appellants was rejected, so, it cannot be said that they were not aware of the order passed by the court below.

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Accordingly, the interlocutory application No. 01 of 2025 is rejected and consequently, the present appeal also stands dismissed.

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(Nawneet Kumar Pandey, J)

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A.K.V.//-

¶32

U T

Krishna Kumar Mahto @ Kishun Mahto @ Kishun Mahto v. The State of Bihar

Case brief

What is this about?

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Krishna Kumar Mahto @ Kishun Mahto @ Kishun Mahto v. The State of Bihar

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