Kishore Kumar Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23173 of 2024 In CRIMINAL MISCELLANEOUS No.34720 of 2016 Arising Out of PS. Case No.-643 Year-2009 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Kishore Kumar Vishwakarma Son Of Sri Bindhaya Vishwakarma Resident Of Village- Lohar Patti, Purani Bazar, Lakhisarai, Ps And Dist- Lakhisarai 2.

Ajay Kumar Sah Son Of Sukhdeo Prasad Gupta Resident Of Village- Lohar Patti, Purani Bazar, Lakhisarai, Ps And Dist- Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The South Bihar Power Trading Corporation Thorugh Its Asst. Electrical Engineer, Electricity Supply The South Bihar Power Trading Corporation Thorugh Its Asst. Electrical Engineer, Electricity Supply Additional Division, Lakhisarai, Dist- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate Mr. Snehil Kumar, Advocate For the State :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 21-06-2024 The present case has been filed for restoration of Cr. Misc. Case No. 34720 of 2016 which was dismissed for default vide order dated 01.11.2023. However, Ld. counsel for the Petitioner submits that the failure of the petitioner to attend the matter on the relevant date was neither willful nor negligent, but on account of unavoidable reasons.

2. Considering the submissions advanced by Ld. counsel for the Petitioners, the present petition is allowed,

Patna High Court CR. MISC. No.23173 of 2024(3) dt.21-06-2024 2/2 restoring Cr. Misc. No. 34720 of 2016 to its original number. (Jitendra Kumar, J.) ravishankar/S.Ali U T