Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19525 of 2025 In CRIMINAL MISCELLANEOUS No.85999 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- MAHILA P.S. District- Nalanda ====================================================== Nitish Kumar, Son of Dinesh Paswan, Resident of Village- Khathapura, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kajal Kumari, Daughter of Ramashray Paswan, Resident of VillageMurgiyachak, P.S.- Ben, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudish Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2025 This is an application seeking restoration of Cr. Misc. No. 85999 of 2023 which stood dismissed for default due to non-appearance on behalf of the petitioner, vide order dated 26.10.2024.

2. Learned counsel appearing for the petitioner submits that in Cr. Misc. No. 85999/2023, on 26.10.2024, the case was listed at serial No. 21 and when the case was called out, he could not appear before this Court as he was seriously ill and on account of non-appearance on behalf of the petitioner, the case was dismissed for default and there is no mistake on the part of the petitioner and if this case is not restored then the petitioner would suffer irreparable loss.

Patna High Court CR. MISC. No.19525 of 2025(3) dt.25-04-2025 2/2

3. Learned APP for the State is present.

4.

Having regard to the submissions noted hereinabove, this Court allows this application and Cr. Misc. No. 85999 of 2023 is restored to its original file.

5. The instant criminal miscellaneous petition bearing No. 19525 of 2025 stands disposed of.

(Shailendra Singh, J) annu/- U T