Rajesh Ray @ Rajeshwar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57809 of 2022 Arising Out of PS. Case No.-18 Year-2019 Thana- MAHILA THANA District- Begusarai ====================================================== RAJESH RAY @ RAJESHWAR RAY Son of Late Bhuneshwar Ray Resident of village - Bhagwanpur, P.S- Lakho, (Bahdarpur O.P) District- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chhoti Devi D/O Sonelal Mahto Resident of village- Damodarpur, P.SBhagwanpur, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Learned counsel submits that by order dated 21.12.2022, notices were issued on the opposite party no. 2. It is further submitted that the order was peremptory as the notices had to be filed within four weeks, failing which the anticipatory bail application would have been rejected without further reference to the Bench. It is next submitted that the notices could not be filed in time on which the learned A.P.P. submits that since the order was peremptory and the notices could not be filed in time, hence, the anticipatory bail application ought to have been dismissed for default but then it appears that the office inadvertently listed the case under the heading "Orders on
Patna High Court CR. MISC. No.57809 of 2022(3) dt.01-03-2024 2/2 Office Notes".
3. At this stage, learned counsel for the petitioner submits that he has already filed a restoration application.
4. After hearing the learned counsel for the parties, the present anticipatory bail application for non-compliance of the peremptory order dated 21.12.2022 is thus dismissed for default and the petitioner would be at liberty to file a fresh restoration application.
(Satyavrat Verma, J) Kundan/- U T