Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60377 of 2025 In CRIMINAL MISCELLANEOUS No.38534 of 2025 Arising Out of PS. Case No.-93 Year-2025 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Akhilesh Kumar S/o- Swaminath Ram R/o village - Chaura, Post - Chaura , P.s- Chitbara Gaon , District - Ballia U.P, A/P- Village- Janaki Bazar Khawaspur Ps- Barhara Dist- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Block Education Officer, Ballia, Begusarai Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash, Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed by the petitioner for restoration of Cr. Misc. No. 38534 of 2025 in which peremptory order dated 24.06.2025 was passed by this Court for issuance of notice upon the O.P. No.2 but, due to noncompliance of the same within the prescribed time as fixed by this Court, the same stood rejected on 08.07.2025.

3. Learned counsel for the petitioner submits that due to mistake, the requisite for notice upon the Opposite Party no.2 could not be filed within time as prescribed and, therefore, Cr.

Patna High Court CR. MISC. No.60377 of 2025(2) dt.22-08-2025 2/2 Misc. No. 38534 of 2025 got rejected for non-compliance of the aforesaid order dated 24.06.2025.

4. For the reasons stated in this restoration application and the submissions made in support thereof, the present application is allowed and, as a consequence, the Cr. Misc. No. 38534 of 2025 stands restored to its original file.

5. The petition stands allowed.

(Rudra Prakash Mishra, J) rishi/- U T