Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 75202 (PAT)

Sandeep Kumar @ Sandip Kumar v. The State of Bihar

CR. MISC./66812/2025 · 2025-09-12

R P Mishra

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66812 of 2025 In CRIMINAL APPEAL (SJ) No.1992 of 2025 Arising Out of PS. Case No.-88 Year-2024 Thana- CHANDRAMANDI District- Jamui ====================================================== Sandeep Kumar @ Sandip Kumar S/o Sri Ramjeevan Singh R/o vill - Bhoraha, P.S.- Simri Bakhtiyarpur, Distt.- Saharsa ... ... Petitioner/s Versus 1. The State of Bihar 2. Fulwa Devi W/o Kailash Das R/o vill - Paterpahari, P.s.- Chakai, Distt.- Jamui at Present R/o Motimahal Chakai, P.S.- Chakai, Distt.- jamui ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs.Vaishnavi Singh, Adv. For the Opposite Party/s : Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 12-09-2025 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. Appeal (S.J.) No. 1992 of 2025 in which peremptory order dated 27.06.2025 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 10.07.2025. 3. Learned counsel for the petitioner submits that due to mistake on the part of the Advocate Clerk, the requisite for notice upon the Opposite Party no.2 could not be filed within Patna High Court CR. MISC. No.66812 of 2025(2) dt.12-09-2025 2/2 time as prescribed and, therefore, Cr. Appeal (S.J.) No. 1992 of 2025 got rejected for non-compliance of the aforesaid order dated 27.06.2025. 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. Appeal (S.J.) No. 1992 of 2025 stands restored to its original file. 5. The petition stands allowed. rishi/- (Rudra Prakash Mishra, J) U T