IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1919 of 2010 MD.PHOOL @ MD. MUJTABA Versus STATE OF BIHAR & ANR ----------- 2 25.1.2010 This application has been filed for restoration of Cr.Misc.No. 18406 of 2009 which stood rejected not having been complied with the peremptory order dated 10.9.2009 within time granted to the petitioner to take steps for service of notice on opposite party no.2 under both process. It is submitted that there was misunderstanding on the part of petitioner’s counsel about peremptory time for filing requisite for issuance of notice and due to which he could not comply with the order dated 10.9.2009 within time and the case stood rejected for non-compliance. In view of submissions made in the restoration application, the same is allowed and Cr.Misc.No. 18406 of 2009 is restored to its original file, subject to compliance of order dated 10.9.2009 passed in Cr.Misc.No. 18406 of 2009. AI ( Mandhata Singh, J.)