Akshay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72538 of 2025 In CRIMINAL APPEAL (SJ) No.1945 of 2025 Arising Out of PS. Case No.-28 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== Akshay Kumar S/o- Ranjit Singh @ Ranjit Rai @ Ranjeet Ray Resident of village- Dahiya PS- Bhagwanpur District-Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rinki Kumari W/o- Late Arjun Sada R/v- Dahiya Ps- Bhagwanpur DistBegusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed for restoration of Cr. Appeal (SJ) No. 1945 of 2025 to its original file.

3. Learned counsel for the petitioner submits that vide order dated 27.06.2025 notices were issued to Respondent No. 2 directing the petitioner herein to file requisites within a period of two weeks. Learned counsel further submits that petitioner failed to file the requisites within the stipulated period of time and, due to non-compliance of the said order, the said memo of

Patna High Court CR. MISC. No.72538 of 2025(2) dt.10-10-2025 2/2 appeal stood dismissed on 10.07.2025. Learned counsel further submits that petitioner has not deliberately delayed in filing the requisites for notice, but the delay has been caused due to the circumstances that were beyond the control of the petitioner. Learned counsel, therefore, prays that the present restoration application may be allowed.

4. Learned APP for the State raised no objection to the prayer made on behalf of the petitioner.

5. Considering the statements made in the application and the submissions made in support thereof, the present restoration application is allowed and Cr. Appeal (SJ) No. 1945 of 2025 is restored to its original file.

(Rudra Prakash Mishra, J) Alok Verma/- U T