Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25377 of 2024 In CRIMINAL MISCELLANEOUS No.38302 of 2016 Arising Out of PS. Case No.-1512 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rajesh Kumar Singh S/o- Late Lalan Prasad Singh Vill- Bhaluaiya, PsSikargunj, East Champaran, At present ASI Ps- Rupaspur Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Monu son of Dharnidhar Mishra Advocate Colony Gola Road P.S.- Rupaspur Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagjit Roshan, Advocate Mr. Anjani Kumar, Advocate For the State :

Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 21-06-2024 The present case has been filed for restoration of Cr. Misc. Case No. 38302 of 2016 which was dismissed for default vide order dated 20.12.2023. 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. 38302 of 2016 to its original number. (Jitendra Kumar, J.) ravishankar/S.Ali U T