Ashok Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24938 of 2024 In CRIMINAL MISCELLANEOUS No.36953 of 2016 Arising Out of PS. Case No.-39 Year-2006 Thana- SULTANGANJ District- Patna ====================================================== Ashok Kumar Gupta ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tejendra Sinha, Advocate.

For the State :

Mr.Humayou Ahmad Khan, APP For the O.P. No. 2 :

Mr. Satyendra Prasad, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 12-07-2024 The present case has been filed for restoration of Cr. Misc. Case No. 36953 of 2016 which was dismissed for default vide order dated 10.01.2024. 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 petitioner, the present petition is allowed, restoring Cr. Misc. No. 36953 of 2016 to its original file. (Jitendra Kumar, J) S.Ali/ravishankar U T