Ramdev Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12049 of 2020 In CRIMINAL APPEAL (DB) No.735 of 2018 Arising Out of PS. Case No.-37 Year-2008 Thana- GHOSWARI District- Patna ====================================================== RAMDEV MAHTO Son of Late Tilakdhari Mahto Resident of Village - Karara, P.S.- Ghoswari, District- Patna ... ... Informant-Appellant

Versus

1.

The State of Bihar 2.

Lalu Mahto Son of Late Rajendra Mahto Resident of Village - Karara, P.S.- Ghoswari, District- Patna 3.

Pramod Mahto Son of Late Harihar Mahto Resident of Village - Karara, P.S.- Ghoswari, District- Patna 4.

Bhushan Mahto Son of Late Baij Mahto Resident of Village - Karara, P.S.- Ghoswari, District- Patna 5.

Chintu Mahto Son of Mahesh Mahto Resident of Village - Karara, P.S.- Ghoswari, District- Patna 6.

Papul Mahto Son of Mahesh Mahto Resident of Village - Karara, P.S.- Ghoswari, District- Patna 7.

Ashwini Mahto Sono f Late Dashrath Mahto Resident of Village - Karara, P.S.- Ghoswari, District- Patna ... ... Accused-Respondents ====================================================== Appearance :

For the Appellant :

Mr. Ram Sumiran Rai, Advocate For the State :

Mr. Anand Mohan Prasad Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI) 17-01-2025 Heard Mr. Ram Sumiran Rai, learned Advocate for the Informant-Appellant and Mr. Anand Mohan Prasad Mehta, learned A.P.P. for the State.

2. Learned Advocate for the appellant submits that the present application has been filed for restoration of Criminal

Patna High Court CR. MISC. No.12049 of 2020(2) dt.17-01-2025 2/2 Appeal (DB) No. 735 of 2018 which was dismissed for nonremoval of defects. Learned Advocate for the appellant submits that this Court vide order dated 19.06.2019 granted time to the appellant to remove the defects by 15.07.2019. However, the appellant could not remove the defects within the stipulated time and, therefore, the same stands dismissed. Learned Advocate thereafter referred to the averments made in this application and submitted that for the reasons stated in this application he could not remove the defects within the stipulated time. However, learned Advocate submits that now he will remove the defects within a period of four weeks.

3. Looking to the facts of the present case, this application is allowed.

4. Accordingly, Criminal Appeal (DB) No. 735 of 2018 stands restored to its original file.

(Vipul M. Pancholi, J) ( Prabhat Kumar Singh, J) GKS/- U T