IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37769 of 2026 In CRIMINAL APPEAL (SJ) No.5166 of 2025 Arising Out of PS. Case No.-889 Year-2024 Thana- PIRBAHOR District- Patna ====================================================== Rajesh Kumar @ Charsau S/o Krishna Yadav R/o vill - Anet, P.S.- Navadah, Distt.- Bhojpur, Presently residing Naya Chak (Pul), Khemanichak, P.s.- Ram Krishna Nagar, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor, representing the State. 2. The present application has been filed for restoration of Criminal Appeal (SJ) No. 5166 of 2025 in which peremptory order dated 05.02.2026, 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 Advocate Clerk, the requisite for notice upon the Opposite Party No.2 could not be filed within time as prescribed by this Court and, therefore, Criminal Appeal Patna High Court CR. MISC. No.37769 of 2026(2) dt.19-06-2026 2/2 (SJ) No. 5166 of 2025 got rejected for non-compliance of the aforesaid order dated 05.02.2026 4. For the reasons stated in this application, the prayer made therein is allowed and, as a result, the Criminal Appeal (SJ) No. 5166 of 2025 is restored to its original file. 5. The petition stands allowed. Raj Kishore/- Sukriti/- (Rudra Prakash Mishra, J) U T