Pankaj Saday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1260 of 2025 In CRIMINAL MISCELLANEOUS No.77927 of 2024 Arising Out of PS. Case No.-60 Year-2022 Thana- BHEJA District- Madhubani ====================================================== Pankaj Saday Son of Hari Saday @ Hari Mohan Saday Resident of Village - Khor Madanpur Tole Lanokha Mushari, P.S. - Bheja, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 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. 77927 of 2024 in which peremptory order dated 28.10.2024, was passed by this Court of issuance of notice upon the Opposite Party No. 2 but, due to noncompliance of the same within the prescribed time as fixed by this Court, the same stood rejected.

3. Learned counsel for the petitioner submits that due to mistake on the part of the Advocate Clerk, the requisite for notice upon the Opposite Party No. 2 could not be filed within time as prescribed by this Court and, therefore, Cr. Misc. No.

Patna High Court CR. MISC. No.1260 of 2025(2) dt.10-01-2025 2/2 77927 of 2024 got rejected for non-compliance of the aforesaid order dated 28.10.2024.

4. For the reasons stated in this application, the prayer made therein is allowed and, as a result, the Cr. Misc. No. 77927 of 2024 is restored to its original file.

5. The petition stands allowed.

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