Shambhu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34940 of 2025 In CRIMINAL MISCELLANEOUS No.87609 of 2024 Arising Out of PS. Case No.-526 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Shambhu Prasad Son of Avdesh Chandravanshi @ Avdhesh Prasad VillageMamka Khaira, PS -Muffasil, District- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XYZ, Village- Bhadwa Tola, chandapur, Ps- Rafiganj, Dist- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhuresh Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2025 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. 87609 of 2024 to its original file.

3. Learned counsel for the petitioner submits that vide order dated 08.01.2025 notices were issued to Opposite Party No. 2 directing the petitioner to file requisites within a period of two weeks. Learned counsel further submits that petitioner failed to file the requisites within the stipulated period of time and, due to non-compliance of the said order, the said bail application stood dismissed on 22.01.2025. Learned counsel further submits that petitioner has not deliberately delayed in

Patna High Court CR. MISC. No.34940 of 2025(2) dt.20-06-2025 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. 87609 of 2024 is restored to its original file.

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