Shaurabh Kumar @ Shaurabh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18644 of 2023 In CRIMINAL MISCELLANEOUS No.49129 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- BHELDI District- Saran ====================================================== Shaurabh Kumar @ Shaurabh Singh, Son Of Akhilesh Kumar Singh @ Nalini Kumar Singh R/O Village- Bheldi, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh, Adv For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition has been filed for restoration of a petition bearing Cr. Misc. no.49129 of 2022, which has stood dismissed on account of non-prosecution vide order dated 12.01.2023.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid petition was dismissed for want of prosecution.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel

Patna High Court CR. MISC. No.18644 of 2023(2) dt.05-04-2023 2/2 for the petitioner as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid petition bearing Cr. Misc. no.49129 of 2022 to its original file.

The present petition stands allowed.

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