Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66788 of 2025 In CRIMINAL MISCELLANEOUS No.41800 of 2025 Arising Out of PS. Case No.-188 Year-2025 Thana- AMARPUR District- Banka ====================================================== Sachin Kumar Son of Subodh Ram Resident of Village - Dumarama, P.S.- Amarpur, District - Banka (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kiran Devi Wife of Chandrakishore Sah Resident of Village - Dumarama, P.S.- Amarpur, District - Banka (Bihar).

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-09-2025 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. 41800 of 2025 in which peremptory order dated 14.07.2025 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 28.07.2025.

3. Learned counsel for the petitioner submits that due to mistake on the part of the counsel for the petitioner, the requisite for notice upon the Opposite Party no.2 could not be

Patna High Court CR. MISC. No.66788 of 2025(2) dt.12-09-2025 2/2 filed within time as prescribed and, therefore, Cr. Misc. No. 41800 of 2025 got rejected for non-compliance of the aforesaid order dated 14.07.2025.

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. 41800 of 2025 stands restored to its original file.

5. The petition stands allowed.

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