Patna High CourtCR. MISC./68757/2025allowed

Ramashish Yadav v. The State Of Bihar

2025-09-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68757 of 2025 In CRIMINAL APPEAL (SJ) No.2703 of 2025 Arising Out of PS. Case No.-334 Year-2024 Thana- ROHTAS District- Rohtas ====================================================== Ramashish Yadav Son of Biju Yadav @ Bigu Yadav Village -Nagatoli PS -Rohtas Distt- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deovind Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-09-2025 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. Appeal (SJ) No. 2703 of 2025 in which peremptory order dated 17.07.2025 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 30.07.2025.

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. Appeal (SJ) No. 2703 of 2025 got rejected for non-compliance

Patna High Court CR. MISC. No.68757 of 2025(2) dt.19-09-2025 2/2 of the aforesaid order dated 17.07.2025.

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. Appeal (SJ) No. 2703 of 2025 stands restored to its original file.

5. The petition stands allowed.

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