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2025 DAILYLAW 4232 (PAT)

ASHWANI KUMAR v. The State of Bihar

CR. MISC./79514/2025 · 2026-03-25

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79514 of 2025 In CRIMINAL MISCELLANEOUS No.4827 of 2022 Arising Out of PS. Case No.-611 Year-2021 Thana- BIHTA District- Patna ====================================================== ASHWANI KUMAR S/o Jagdish Pandit R/o Village- Kanhauli, P.S.- Bihta, District- Patna. ... ... Petitioner/s Versus 1. The State of Bihar 2. Anjana Devi W/o Ashwani Kumar R/o vill - Kanhauli, P.S.- Bihta, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Pramod Rajpati, Advocate Ms. Durga Kumari, Advocate Ms. Parishmita Bora, Advocate For the State : Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 25-03-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. This application has been filed for restoration of Cr. Misc. No. 4827 of 2022, which stood dismissed on 24.12.2022 due to non-compliance of peremptory order dated 22.11.2022. By the said order, two weeks’ peremptory time was granted to learned counsel for the petitioner to file requisites to issue notice to Opposite Party No. 2, however, the same was not filed within stipulated time. 3. It is submitted by learned counsel for the petitioner Patna High Court CR. MISC. No.79514 of 2025(3) dt.25-03-2026 2/2 that Opposite Party No. 2 appeared before this Hon’ble Court by filing Vakalatnama on 28.11.2022 i.e. within two weeks from order dated 22.11.2022 and therefore, the requisite, etc. had not been filed. 4. In view of the aforesaid facts and circumstances of the case, this restoration application is allowed. 5. Accordingly, let Cr. Misc. No. 4827 of 2022 be restored to its original file. 6. Office is directed to verify and proceed further. shashank/- (Prabhat Kumar Singh, J) U T