IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48188 of 2025 In CRIMINAL APPEAL (SJ) No.4176 of 2022 Arising Out of PS. Case No.-304 Year-2022 Thana- BARH District- Patna ====================================================== 1. Uday Kumar @ Uday Yadav Son of Balram Yadav village- Bhetgaon, Ps- Barh, Dist- Patna 2. Balram Yadav @ Balram Gope son of Charita Gope village- Bhetgaon, Ps- Barh, Dist- Patna 3. Dindayal Kumar son of Vijay Rai village- Bhetgaon, Ps- Barh, Dist- Patna 4. Ram Manoj @ Ram Anuj Kumar son of Vijay Yadav village- Bhetgaon, Ps- Barh, Dist- Patna 5. Radhey Shyam Kumar son of Uday Kumar village- Bhetgaon, Ps- Barh, Dist- Patna 6. Sona Devi Wife of Balram gope @ Balram Yadav village- Bhetgaon, Ps- Barh, Dist- Patna 7. Shyama Devi wife of Vijay yadav village- Bhetgaon, Ps- Barh, Dist- Patna ... ... Petitioner/s Versus 1. The State of Bihar 2. Sugriv Kumar son of Ram Kishun Rajak village- Bhetgaon, Ps- Barh, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Pandey For the Opposite Party/s : Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 25-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The present application has been filed for restoration of Cr. Appeal (SJ) No. 4176 of 2022, which stood dismissed due to non-compliance of peremptory order dated Patna High Court CR. MISC. No.48188 of 2025(2) dt.25-07-2025 2/3 15.09.2023. By the said order, two weeks time was allowed to file requisites of notice on respondent no. 2. 3. Learned counsel for the petitioners/appellants submits that due to inadvertence, the requisites of notice could not be filed on time, however he undertakes to file requisites within a period of two weeks from today. 4. Learned counsel for the petitioners further submits that during pendency, petitioner no. 2/appellant no. 2 namely Balram Yadav @ Balram Gope has been arrested and petitioner no. 6/appellant no. 6 namely Sona Devi has died and as such, this petition/appeal has become infructuous so far as these petitioners/appellants are concerned. 5. In view of aforesaid fact, the petition/appeal, in respect of petitioner/appellant nos. 2 and 6, stands dismissed as same has become infructuous and office is directed to expunge the name of these appellants from the record as well as date- base of the case. 6. Considering the submission made by learned counsel for the petitioners/appellants, this restoration petition is allowed. 7. Let Cr. Appeal (SJ) No. 4176 of 2022 be restored to its original file, subject to condition that requisites of notice be Patna High Court CR. MISC. No.48188 of 2025(2) dt.25-07-2025 3/3 filed within a period of two weeks from today. anay (Prabhat Kumar Singh, J) U T