Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81844 of 2025 In CRIMINAL MISCELLANEOUS No.59143 of 2025 Arising Out of PS. Case No.-246 Year-2024 Thana- Kavaiya District- Lakhisarai ====================================================== Rajesh Kumar S/O late Saryug Mahto R/O Village- Mohaddingar, Ward no. 2, P.S.- Halsi, District- Lakhisaral ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXX R/O Dharamraichak, Ward no. 6, P.S.- Lakhisarai, Dist.- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ankita Kumari, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed for restoration of Cr. Misc. No. 59143 of 2025 to its original file.

3. Learned counsel for the petitioner submits that vide order dated 02.09.2025 notices were issued to Opposite Party No. 2 directing the petitioner 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 application stood dismissed on 16.09.2025. Learned counsel further submits that petitioner has not deliberately delayed in

Patna High Court CR. MISC. No.81844 of 2025(2) dt.21-11-2025 2/2 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. Misc. No. 59143 of 2025 is restored to its original file.

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