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2026 DAILYLAW 43931 (PAT)

Aashique v. The State of Bihar

CR. MISC./89015/2025 · 2026-01-13

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89015 of 2025 In CRIMINAL MISCELLANEOUS No.68844 of 2025 Arising Out of PS. Case No.-248 Year-2025 Thana- ARARIA District- Araria ====================================================== Aashique S/O M Isteyaque R/O Bangama Islampur, Ward no. 9, P.S. and Dist.- Araria- 812005 ... ... Petitioner/s Versus 1. The State of Bihar 2. Maya Devi W/O Prakash Goswami R/O Bangama, Islampur, Ward no. 9, P.S.- Araria, Dist. Araria. Bhagalpur- 812005 ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Madan Mohan, Advocate For the Opposite Party/s : Mr.Satya Nand Shukla, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 13-01-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor, representing the State. 2. The present application has been filed for restoration of Cr. Misc. No. 68844 of 2025 in which peremptory order dated 25.09.2025, was passed by this Court for issuance of notice upon the Opposite Party No.2 but, due to noncompliance 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, Cr. Misc. No. Patna High Court CR. MISC. No.89015 of 2025(2) dt.13-01-2026 2/2 68844 of 2025 got rejected for non-compliance of the aforesaid order dated 25.09.2025. 4. For the reasons stated in this application, the prayer made therein is allowed and, as a result, the Cr. Misc. No. 68844 of 2025 is restored to its original file. 5. The petition stands allowed. manish/- (Rudra Prakash Mishra, J) U