Jangbahadur Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76716 of 2024 In CRIMINAL APPEAL (SJ) No.4889 of 2023 Arising Out of PS. Case No.-29 Year-2021 Thana- BHANGHA District- West Champaran ====================================================== Jangbahadur Yadav Son of Late Ganga Yadav @ Ganga Prasad Yadav Resident of village- Chauhatta, Ps- Manpur, Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashok Subba son of Late Dharamdeo Subba village- Rampur, Ps- Bhangaha, dist- West champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sagar Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-12-2024 By Office Note dated 13-09-2024, the Cr. Appeal (SJ) No. 4889 of 2023 was dismissed in default because the peremptory order dated 01-03-2024 was not complied with and the requisites for issuance of notice was filed beyond the stipulated period.

2. Learned counsel for the petitioner has submitted that he remained in wrong impression that only case diary was called for and that is why, he could not file the requisites for issuance of notice within the stipulated period.

3. Considering the aforesaid facts and circumstances, this restoration application is allowed and Cr. Appeal (SJ) No.

Patna High Court CR. MISC. No.76716 of 2024(2) dt.16-12-2024 2/2 4889 of 2023 is restored to its original file and No.

4. The office is directed to issue notice as per direction issued by this court by order dated 01-03-2024.

5. The requisites already filed may be utilized for issuance of notice.

(Nawneet Kumar Pandey, J) A.K.V.//- U T