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2025 DAILYLAW 22897 (PAT)

Ajit Yadav @ Ajit Kumar v. The State of Bihar

CR. MISC./16287/2025 · 2025-03-05

R P Mishra

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16287 of 2025 In CRIMINAL APPEAL (SJ) No.5096 of 2024 Arising Out of PS. Case No.-195 Year-2024 Thana- NARHATT District- Nawada ====================================================== Ajit Yadav @ Ajit Kumar S/o- Vijay Yadav @ Vijay Prasad R/o village- Siyaran Bigha , Bara khurd , P.s.- Narhatt, District - Nawada ... ... Appellant/Petitioner Versus 1. The State of Bihar 2. Mina Devi W/o- Shivdayal Rajvanshi Village- Somram Bigha Ps- Narhatt Dist- Nawada ... ... Respondent/Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Prakash, Adv. For the Opposite Party/s : Mr. Surendra Kumar, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 05-03-2025 Heard learned counsel for the petitioner and learned S.P.P. for the State. 2. The present application has been filed by the appellant/petitioner for restoration of Cr. Appl. (S.J.) No. 5096 of 2024 arising out of Narhatt P.S. Case No. 195 of 2024 which was dismissed for default on 13.02.2025 for non-compliance of the order dated 20.12.2024. 3. Learned counsel for the appellant/petitioner submits that the last opening date of the Hon’ble High Court was 20.12.2024 and, later on, the Court remained closed and opened on 03.01.2025. The Clerk was asked about the notice Patna High Court CR. MISC. No.16287 of 2025(2) dt.05-03-2025 2/2 but, as he was suffering from cold, he could not file the notice within the time prescribed though the notice has already been filed on 13.02.2025. 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. Appl. (S.J.) No. 5096 of 2024 stands restored to its original file. rishi/- (Rudra Prakash Mishra, J) U T