Ram Narayan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17457 of 2024 In CRIMINAL APPEAL (SJ) No.4807 of 2021 Arising Out of PS. Case No.-261 Year-2013 Thana- ROSERA District- Samastipur ====================================================== 1.

Ram Narayan Mandal S/o- Palku Mandal Resident of Village - Fatehpur, P.S.- Rosera, District- Samastipur.

2.

Ram Bihari Mandal @ RajBihari Mandal S/o Ram Narayan Mandal Resident of Village - Fatehpur, P.S.- Rosera, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The present restoration application has been filed for restoration of Cr. Appeal (SJ) No. 4807 of 2021, which stood dismissed due to non-compliance of peremptory order dated 03.08.2022. By the said order, two weeks time was allowed to file requisites of notice on respondent no. 2.

3. Learned counsel for the petitioners submits that due to inadvertence, the requisites etc. could not be filed on time, but same has been filed belatedly on 22.08.2022 i.e. after the delay of four days. This statement has been made in paragraph - 2 of the present petition.

Patna High Court CR. MISC. No.17457 of 2024(2) dt.20-03-2024 2/2

4. Considering the aforesaid facts and circumstances, this restoration petition is allowed.

5. Let Cr. Appeal (SJ) No. 4807 of 2021 be restored to its original file.

6. Office shall verify the same and proceed further. (Prabhat Kumar Singh, J) anay/- U T