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2025 DAILYLAW 54530 (PAT)

Arun Kumar @ Arun Kumar Rai v. The State of Bihar

CR. MISC./43187/2025 · 2025-06-27

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43187 of 2025 In CRIMINAL MISCELLANEOUS No.19654 of 2025 Arising Out of PS. Case No.-215 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Arun Kumar @ Arun Kumar Rai S/O Late Maheshwar Rai R/O Village- Sirdilpur, P.S- Patory, Distt.- Samastipur. ... ... Petitioner/s Versus 1. The State of Bihar 2. Rashmi Jayswal W/O Late Jitendra Kumar @ Jitendra Kumar Jayswal R/O Village- Hasanpur Surat Patory Bazar, P.S- Patory, Distt.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Priyanka Singh, Adv. For the Opposite Party/s : Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 27-06-2025 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. 19654 of 2025 in which peremptory order dated 10.04.2025 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 24.04.2025. 3. Learned counsel for the petitioner submits that due to unavoidable circumstances and bonafide oversight, the petitioner could not file the requisite within the stipulated time Patna High Court CR. MISC. No.43187 of 2025(2) dt.27-06-2025 2/2 period, resulting in rejection of the application for want of prosecution. 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. 19654 of 2025 stands restored to its original file. 5. The petition stands allowed. rishi/- (Rudra Prakash Mishra, J) U T