Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67516 of 2024 In CRIMINAL APPEAL (DB) No.826 of 2022 Arising Out of PS. Case No.-401 Year-2015 Thana- GAYA MUFASIL District- Gaya ====================================================== Kailash Yadav, Son of Jhuran Yadav, R/o Vill.- Salempur, P.S.- Muffasil, Distt.- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Kunal Yadav, Son of Late Arjun Yadav, R/o Vill.- Salempur, P.S.- Muffasil, Distt.- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, Adv.

====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 04-04-2025 Heard the learned counsel for the parties.

2. The appeal preferred by the appellant, viz., Cr. Appeal (DB) No. 826 of 2022, had some defects. By order dated 21.06.2023, a Division Bench of this Court

Patna High Court CR. MISC. No.67516 of 2024(2) dt.04-04-2025 2/2 had directed for removal of the defects within a period of two weeks, failing which the appeal would be dismissed without further reference to the Bench.

3. For some reason, which has been explained in the present application, the defects could not be removed within the stipulated period and the appeal got dismissed.

4. For the reasons stated in the application, the prayer is allowed and the case is restored to its original file.

5. The petitioner is directed to remove the defects, so notified by the office, within a further period of four weeks, whereafter the appeal will be listed under the appropriate heading before the regular Bench.

6. The application stands allowed.

(Ashutosh Kumar, ACJ) (Harish Kumar, J) Praveen-II/Shivank U T