Suryadev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72059 of 2024 In CRIMINAL MISCELLANEOUS No.44114 of 2024 Arising Out of PS. Case No.-4476 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Suryadev Kumar S/O- Gokul Ray @ Gokul Roy @ Gokul Rai, R/OManoharpur Kachuara, PS- Gopalpur, Dist- Patna. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Shankar Singh Son of Late Ram Vilash Singh, R/o- Q. No- C/9, Phase-2, Akashvani Colony, Po- GPO, Ps- Kotwali, Dist- Patna. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Bhanu Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-10-2024 Heard Mr. Shambhu Narayan Singh, the learned counsel for the petitioner and Mr. Bhanu Pratap, the learned APP for the State.

2.

The present restoration application has been filed for restoration of Cr. Misc. No. 44114 of 2024, which stood dismissed for non-compliance of peremptory order dated 20.07.2024.

3.

Learned counsel for the petitioner submits that as per direction in the Cr. Misc. No. 44114 of 2024 dated 20.07.2024, petitioner was required to file notice within a period of one week, but due to laches in his part, he filed the said

Patna High Court CR. MISC. No.72059 of 2024(2) dt.04-10-2024 2/2 notice on 01.10.2024.

4.

In view of the aforesaid, the prayer for restoration is allowed and Cr. Misc. No. 44114 of 2024 is restored to its original file.

5.

Office is directed to use the notice which the petitioner has filed on 01.10.2024.

6.

Accordingly, the restoration petition stands disposed of.

(Rajesh Kumar Verma, J) Shahnawaz/- U T