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Patna High CourtCR. MISC./28940/2024allowed

Rajeshwar Rai v. The State Of Bihar

2024-07-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28940 of 2024 In CRIMINAL APPEAL (SJ) No.4894 of 2021 Arising Out of PS. Case No.-87 Year-2021 Thana- BARGAINIA District- Sitamarhi ====================================================== 1.

RAJESHWAR RAI SON OF LATE ANUP RAI RESIDENT OF VILLAGE - JORIYAHI WARD NO.4, P.S. - BAIRGANIA, DISTRICT - SITAMARHI 2.

SUNIL KUAR SON OF RAM UDAR RAI RESIDENT OF VILLAGE - JORIYAHI WARD NO.4, P.S. - BAIRGANIA, DISTRICT - SITAMARHI 3.

SANGITA DEVI WIFE OF RAM UDAR RAI RESIDENT OF VILLAGE - JORIYAHI WARD NO.4, P.S. - BAIRGANIA, DISTRICT - SITAMARHI 4.

LAV KUMAR SON OF RAM PRAVESH RAI @ RAM PRAVESH YADAV RESIDENT OF VILLAGE - JORIYAHI WARD NO.4, P.S. - BAIRGANIA, DISTRICT - SITAMARHI ... ... Petitioners.

Versus

1.

THE STATE OF BIHAR Bihar 2.

SHAMBHU BAITHA SON OF LATE TIMAN BAITHA RESIDENT OF VILLAGE - JORIYAHI WARD NO.4, P.S. - BAIRGANIA, DISTRICT - SITAMARHI ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This application has been filed for restoration of Cr. Appeal (SJ) No.4894 of 2021, which stood dismissed for default on account of non-compliance of the order dated 23.11.2022 passed by this Court.

3. On being satisfied with the reasons mentioned in this application, explaining omission on the part of the

Patna High Court CR. MISC. No.28940 of 2024(3) dt.12-07-2024 2/2 petitioner, Cr. Appeal (SJ) No.4894 of 2021 is restored to its original file and two weeks' time is granted to learned counsel for the appellants to remove the defect as pointed out by the office.

4. Accordingly, this restoration application is allowed. (Anjani Kumar Sharan, J) Trivedi/- U