IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45479 of 2025 In CRIMINAL APPEAL (SJ) No.1181 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- NOWKOTHI GARHPURA District- Begusarai ====================================================== Md. Afroj S/O Md. Ekramul R/O Vilage- Saraunja, Ward No.-3, P.S- Birpur, Distt.- Begusarai. ... ... Petitioner/s Versus 1. The State of Bihar 2. Umesh Singh S/O Late Ramsagar Singh R/O Village- Bikrampur, P.S- Cheriyabariyarpur, Distt.- Begusarai. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rahul Singh, Advocate For the Opposite Party/s : Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 04-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor, representing the State. 2. The present application has been filed for restoration of Cr. Appeal (SJ). No. 1181 of 2025 in which peremptory order dated 28-03-2025, was passed by this Court for issuance of notice upon the Opposite Party No.2 but, due to non-compliance of the same within the prescribed time as fixed by this Court, the same stood rejected. 3. Learned counsel for the petitioner submits that due to mistake on the part of the learned counsel for the petitioner, which is mentioned in paragraph No.6 to this petition, the Patna High Court CR. MISC. No.45479 of 2025(2) dt.04-07-2025 2/2 requisite for notice upon the Opposite Party No.2 could not be filed within time as prescribed by this Court and, therefore, Cr. Appeal (SJ). No. 1181 of 2025 got rejected for non-compliance of the aforesaid order dated 28-03-2025. 4. For the reasons stated in this application, the prayer made therein is allowed and, as a result, the Cr. Appeal (SJ). No. 1181 of 2025 is restored to its original file. 5. The petition stands allowed. Raj Kishore/- (Rudra Prakash Mishra, J) U T