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Patna High CourtCR. MISC./21262/2025allowed

Suraj Kumar v. The State Of Bihar

2025-04-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21262 of 2025 In CRIMINAL MISCELLANEOUS No.86650 of 2024 Arising Out of PS. Case No.-166 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Suraj Kumar S/o- Shivpujan Sharma @ Sripujan Sharma Resident of VillageMalpa PS- Chautham District-Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bhushan Das S/o- Late Turanti Das Resident of Village- Malpa PSChautham District-Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed by the petitioner for restoration of Cr. Misc. No. 86650 of 2024 in which peremptory order dated 19.12.2024 was passed by this Court for issuance of notice upon the O.P. No.2 but, due to noncompliance of the same within the prescribed time as fixed by this Court, the same stood rejected.

3. Learned counsel for the petitioner submits that due to mistake on the part of the learned advocate, the file could not be forwarded to the Advocate Clerk for filing of requisites

Patna High Court CR. MISC. No.21262 of 2025(2) dt.04-04-2025 2/2 within the time-frame and, therefore, Cr. Misc. No. 86650 of 2024 got rejected for non-compliance of the aforesaid order dated 19.12.2024.

4. For the reasons stated in this restoration application and the submissions made in support thereof, the present application is allowed and, as a consequence, the Cr. Misc. No. 86650 of 2024 stands restored to its original file.

5. The petition stands allowed.

(Rudra Prakash Mishra, J) rishi/- U T