Srideo Kumar @ Rishu Raj @ Rishav Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24516 of 2025 In CRIMINAL APPEAL (SJ) No.5120 of 2024 Arising Out of PS. Case No.-288 Year-2024 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Srideo Kumar @ Rishu Raj @ Rishav Raj S/O Late Maheshwer Yadav Resident of village- Biswari, P.S.- Gwalpara, Distt.- Madhepura ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Santu Kumar S/O Late Shyamlal Ram Resident of village- Biswari, P.S.- Gwalpara, Distt.- Madhepura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghaw Kumar, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present application has been filed for restoration of Cr. Appeal (SJ) No. 5120 of 2024 to its original file.
3. Learned counsel for the petitioner submits that vide order dated 18.01.2025 notices were issued to Respondent No. 2 directing the petitioner to file requisites within a period of two weeks. The period of two weeks expired on 31.01.2025 but the petitioner failed to file the requisites within the stipulated period of time. Learned counsel further submits that petitioner has not
Patna High Court CR. MISC. No.24516 of 2025(2) dt.25-04-2025 2/2 deliberately delayed in filing the requisites for notice, but the delay has been caused due to the circumstances that were beyond the control of the petitioner. Learned counsel further submits that Respondent No. 2 in the said appeal has already appeared and, therefore, prays that the present restoration application may be allowed.
4. Learned APP for the State raised no objection to the prayer made on behalf of the petitioner.
5. Considering the statements made in the application and the submissions made in support thereof, the present restoration application is allowed and Cr. Appeal (SJ) No. 5120 of 2024 is restored to its original file.
(Rudra Prakash Mishra, J) Alok Verma/- U T