Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25414 of 2025 In CRIMINAL APPEAL (SJ) No.222 of 2025 Arising Out of PS. Case No.-343 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Manish Kumar S/o Lal Sahni @ Lala Sahni R/o vill - Chaksalem Tola Hasanpur Surat, P.S.- Shahpur Patory, Distt.- Samastipur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sikdev Paswan S/o Late Saryug Paswan R/o vill - Chaksalem, ward no. 9, P.S.- Patori, Distt.- Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, 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. 222 of 2025 to its original file.
3. Learned counsel for the petitioner submits that vide order dated 23.01.2025 notices were issued to Respondent No.2 directing the petitioner herein to file requisites within a period of two weeks. However, the petitioner failed to file the requisites within the stipulated period of time and the said appeal stood dismissed on 05.02.2025. Learned counsel further
Patna High Court CR. MISC. No.25414 of 2025(2) dt.25-04-2025 2/2 submits that petitioner has 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 petitioner. 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 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. 222 of 2025 is restored to its original file.
(Rudra Prakash Mishra, J) Alok Verma/- U T