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Patna High CourtCR. MISC./26801/2025allowed

Raushan Kumar Paswan @ Raushan Paswan v. The State Of Bihar

2025-04-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26801 of 2025 In CRIMINAL APPEAL (SJ) No.2108 of 2024 Arising Out of PS. Case No.-280 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

Raushan Kumar Paswan @ Raushan Paswan S/o- Akhilesh Paswan Village - Sisahni P.S - Pakaridayal, Dist- East Champaran 2.

Sangita Devi @ Sabita Devi @ Sangeet Devi W/o- Kamlesh Paswan Village - Sisahni P.S - Pakaridayal, Dist- East Champaran 3.

Abhijeet Paswan S/o- Akhilesh Paswan Village - Sisahni P.S - Pakaridayal, Dist- East Champaran 4.

Golu Paswan @ Rohit Kumar S/o- Akhilesh Paswan Village - Sisahni P.S - Pakaridayal, Dist- East Champaran 5.

Niranjan Kumar Paswan @ Niranjan Paswan S/o- Bhagnarayan Paswan Village - Sisahni P.S - Pakaridayal, Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunita Devi W/o- Jay Kishore Paswan Village - Sisahni W.No-15, P.S - Pakaridayal, Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yerra Madhavi, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present application has been filed for restoration of Cr. Appeal (SJ) No. 2108 of 2024 to its original file.

3. Learned counsel for the petitioners submits that vide order dated 07.02.2025 notices were issued to Respondent

Patna High Court CR. MISC. No.26801 of 2025(2) dt.25-04-2025 2/2 No. 2 directing the petitioners herein to file requisites within a period of two weeks. However, the petitioners failed to file the requisites within the stipulated period of time and the appeal stood rejected on 20.02.2025. Learned counsel further submits that petitioners have not 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 petitioners. Learned counsel, 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 petitioners.

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. 2108 of 2024 is restored to its original file.

(Rudra Prakash Mishra, J) Alok Verma/- U T