Devnath Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27266 of 2025 In CRIMINAL MISCELLANEOUS No.13868 of 2025 Arising Out of PS. Case No.-446 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== Devnath Kumar Son of Jaleshwar Ray Resident of village - Bhalui, P.S.- Rajapakar, District - Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Raby Devi Wife of Ganga Rai Resident of village - Pachai Mahesh, P.S.- Rajapakar, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aashish Kumar, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, 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. Misc. No. 13868 of 2025 to its original file.
3. Learned counsel for the petitioner submits that vide order dated 17.03.2025 notices were issued to OP No.2 directing the petitioner to file requisites within a period of two weeks. However, the petitioner failed to file the requisites within the stipulated period of time and consequently the application stood rejected on 02.04.2025. Learned counsel further submits that petitioner has not deliberately delayed in
Patna High Court CR. MISC. No.27266 of 2025(2) dt.25-04-2025 2/2 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. Misc. No. 13868 of 2025 is restored to its original file.
(Rudra Prakash Mishra, J) Alok Verma/- U T