Niraj Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22214 of 2021 In CRIMINAL REVISION No.351 of 2019 Arising Out of PS. Case No.-219 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== NIRAJ KUMAR GIRI Son of Awadh Kishore Giri Resident of VillageMadhopur, P.S.- Barauli, Distt- Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushil Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-07-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present petition has been filed for restoration of a petition bearing Criminal Revision No. 351 of 2019, which has stood dismissed for default on account of non-compliance of the peremptory Order dated 09.12.2019.

The learned counsel for the petitioner has submitted that on account of the counsel for the petitioner having not marked the case, he could not know about the passing of the aforesaid peremptory order dated 09.12.2019, however, immediately upon coming to know about the same,

Patna High Court CR. MISC. No.22214 of 2021(2) dt.29-07-2021 2/2 enquiry was made and it has transpired that the connected petition has been dismissed for default on account of noncompliance of the peremptory Order dated 09.12.2019. The learned APP for the State Shri. Ashok Kumar does not oppose the present petition.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct for restoration of the aforesaid petition bearing Criminal Revision No. 351 of 2019 to its original file subject to removal of the defects within a period of six weeks from today. The petition stands allowed to the aforesaid extent. (Mohit Kumar Shah, J) S.Sb/- U T