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Patna High Court/19465/2023allowed

Ankit Patel @ Bhoma v. The State Of Bihar

2023-04-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19465 of 2023 In CRIMINAL MISCELLANEOUS No.52202 of 2022 Arising Out of PS. Case No.-168 Year-2022 Thana- MALSALAMI District- Patna ====================================================== Ankit Patel @ Bhoma Son of Brahmdev Prasad R/o Bhaisani Tola, Mansoorganj, P.S- Malsalami, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar, Adv For the Opposite Party/s :

Mr.Shailendra Kumar, 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.52202 of 2022, which has stood dismissed on account of non-prosecution vide order dated 02.02.2023.

The learned counsel for the petitioner has submitted that since he was ill, he could not appear before this Court when the aforesaid bail petition was taken up for hearing, hence, a sympathetic view be taken and the aforesaid bail petition be restored to its original file.

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

Patna High Court CR. MISC. No.19465 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.52202 of 2022 to its original file.

The present petition stands allowed.

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