IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33492 of 2025 In CRIMINAL APPEAL (SJ) No.994 of 2025 Arising Out of PS. Case No.-348 Year-2024 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Prince Kumar S/O Omprakash Thakur R/O Vill.- Pakwalia, P.s.- Hussainganj, Dist.- Siwan. ... ... Petitioner/s Versus 1. The State of Bihar 2. Ajay Kumar S/O Late Nawal Kumar Ram R/O Mohalla- Mahadeva Mission, P.s.- Siwan Mufassil, (Mahadev O.P.), Dist.- Siwan ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar Shrivastava, Adv. For the Opposite Party/s : Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 16-05-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The present application has been filed by the petitioner for restoration of Cr. Appeal (SJ) No. 994 of 2025 in which peremptory order dated 19.03.2025 was passed by this Court for issuance of notice upon the O.P. No.2 but, due to non- compliance of the same within the prescribed time as fixed by this Court, the same stood rejected on 01.03.2025. 3. Learned counsel for the petitioner submits that due to illness of the advocate’s clerk, the requisite for notice upon the Opposite Party no.2 could not be filed within time as Patna High Court CR. MISC. No.33492 of 2025(2) dt.16-05-2025 2/2 prescribed and, therefore, Cr. Appeal (SJ) No. 994 of 2025 got rejected for non-compliance of the aforesaid order dated 19.03.2025. 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. Appeal (SJ) No. 994 of 2025 stands restored to its original file. 5. The petition stands allowed. rishi/- (Rudra Prakash Mishra, J) U T