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Patna High CourtCR. MISC./12839/2023allowed

Ricky Kumar Chaudhary @ Ricky Kumar @ Bajarangi v. The State Of Bihar

2023-03-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12839 of 2023 In CRIMINAL MISCELLANEOUS No.24577 of 2022 Arising Out of PS. Case No.-70 Year-2021 Thana- CHENARI District- Rohtas ====================================================== RICKY KUMAR CHAUDHARY @ RICKY KUMAR @ BAJARANGI Son of Ramkishun Chaudhary R/V- Badki Sarimpur, P.S- Industrial Area, Buxar, Distt- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-03-2023 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. 24577 of 2022, which has stood dismissed on account of non- prosecution vide order dated 19.01.2023.

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 on account of non- prosecution.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.12839 of 2023(2) dt.15-03-2023 2/2 case, considering the submissions made by the learned counsel 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. 24577 of 2022 to its original file.

The present petition stands allowed.

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