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2025 DAILYLAW 39769 (PAT)

Sunil Manjhi v. The State of Bihar

CR. MISC./33754/2025 · 2025-05-16

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33754 of 2025 In CRIMINAL MISCELLANEOUS No.79781 of 2024 Arising Out of PS. Case No.-497 Year-2024 Thana- MAJHAULIA District- West Champaran ====================================================== Sunil Manjhi S/o Kariman Manjhi Resident of Village Rampurrvwa ward No 2 PS Majhulia ... ... Petitioner/s Versus 1. The State of Bihar 2. Ali Husin Miya S/o Late Yakub Miyan R/o vill - Rampurrvwa, ward no. 2, P.s.- Majhulia, Distt.- West Champaran, Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Preeti Kumari, Adv. For the Opposite Party/s : Mr. Syed Mojibur Rahman, 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. Misc. No. 79781 of 2024 in which peremptory order dated 14.11.2024 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 28.11.2024. 3. Learned counsel for the petitioner submits that due to illness of the arguing counsel, the notice could not be filed within the stipulated time as prescribed by this Court though the Patna High Court CR. MISC. No.33754 of 2025(2) dt.16-05-2025 2/2 same was filed after delay of two days. 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. Misc. No. 79781 of 2024 stands restored to its original file. 5. The petition stands allowed. rishi/- (Rudra Prakash Mishra, J) U T