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Patna High CourtCR. MISC./12776/2019allowed

Bhim Yadav @ Hari Mohan Yadav @ Hari Mohan @ Pahari Ful @ Lulha v. The State Of Bihar

2019-03-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12776 of 2019 In CRIMINAL MISCELLANEOUS No.48160 of 2017 Arising Out of PS. Case No.-1 Year-2014 Thana- AMAS District- Gaya ====================================================== BHIM YADAV @ HARI MOHAN YADAV @ HARI MOHAN @ PAHARI FUL @ LULHA Son of Late Kheman Yadav Resident of Village- Mainka, P.S.- Imamganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.S. Jamil Akhtar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-03-2019 By way of the present restoration application, petitioner seeks to restore the Cr. Miscellaneous No. 48160 of 2017, which stood dismissed for non prosecution vide order dated 08.11.2017.

Submission of learned counsel for the petitioner that due to communication gap, the could not attend the court on the date when the case was fixed and there is no willful or deliberate laches on the part of the petitioner. Having considered the averments made in restoration application as well as the submission of learned counsel for the petitioner, Cr. Miscellaneous No. 48160 of 2017 is restored to its original on the cost of Rs. 5,00/- to be deposited by the

Patna High Court CR. MISC. No.12776 of 2019(2) dt.13-03-2019 2/2 petitioner in Patna High Court Legal Services Committee, Patna.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) sunilkumar/- U T