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Patna High CourtCR. MISC./6376/2020allowed

Atiullah @ Sudan @ Ataullah v. The State Of Bihar

2020-02-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6376 of 2020 In CRIMINAL MISCELLANEOUS No.80059 of 2019 Arising Out of PS. Case No.-306 Year-2013 Thana- CHOUTARWA District- West Champaran ====================================================== Atiullah @ Sudan @ Ataullah S/o Sanaullah R/o Village-Raibari Mahuawa, P.S.-Chautarwa, District-West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Ehteshamuddin For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-02-2020 The present petition has been filed for restoration of a petition bearing Cr. Misc. No. 80059 of 2019, which was dismissed on account of non-compliance of the peremptory order dated 05.12.2019 passed by this Court.

Having regard to the submissions made by the learned counsel for the petitioners and considering the averments made in the present petition, I deem it fit and proper to direct for restoration of the aforesaid petition bearing Cr. Misc. No. 80059 of 2019 to its original file.

According, the present petition is allowed and the registry is directed to restore the aforesaid petition bearing Cr. Misc. No. 80059 of 2019 to its original file, subject to deposit of

Patna High Court CR. MISC. No.6376 of 2020(2) dt.05-02-2020 2/2 a sum of Rs. 500/- by the petitioners before the Patna High Court Legal Services Committee.

This Court further deems it fit and proper to ignore the defects pointed out by the office in the original bail petition filed by the petitioner for grant of anticipatory bail. The restoration petition stands allowed on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U T