IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58378 of 2025 In CRIMINAL MISCELLANEOUS No.39687 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- JADIA District- Supaul ====================================================== Anil Kumar Yadav @ Anil Kumar S/O Deep Narayan Yadav R/O Heerapati Ward No. 11, P.S.- Jadia, District- Supaul ... ... Petitioner/s Versus 1. The State of Bihar 2. Abhijit Kumar Yadav S/O Late Ramanand Yadav R/O Vill and P.S.- Jadia, ward no. 7, Dist.- Supaul. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 22-08-2025 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. Misc. No. 39687 of 2025 in which peremptory order dated 01-07-2025, 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 learned counsel for the petitioner was suffering from viral fever, the requisite for notice upon the Opposite Party No.2 could not Patna High Court CR. MISC. No.58378 of 2025(2) dt.22-08-2025 2/2 be filed within time as prescribed by this Court and, therefore, Cr. Misc. No. 39687 of 2025 got rejected for non-compliance of the aforesaid order dated 01-07-2025. 4. For the reasons stated in this application, the prayer made therein is allowed and, as a result, the Cr. Misc. No. 39687 of 2025 is restored to its original file. 5. The petition stands allowed. Raj Kishore/- (Rudra Prakash Mishra, J) U T