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Patna High CourtCR. MISC./28488/2023allowed

Kashiteshwar Nath Kumar @ Satish Kumar @ Bhangu v. The State Of Bihar

2023-05-10Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28488 of 2023 In CRIMINAL MISCELLANEOUS No.44868 of 2018 Arising Out of PS. Case No.-199 Year-2016 Thana- DAUDNAGAR District- Aurangabad ====================================================== KASHITESHWAR NATH KUMAR @ SATISH KUMAR @ BHANGU S/O SRI RAMSHISH SINGH RESIDENT OF VILLAGE SIPAHA TOLA BHAGWAN BIGHA PS DAUDNAGAR DISTRICT AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Kumar Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2023 The present petition has been filed for restoration of a petition bearing Criminal Miscellaneous No. 44868 of 2018, which has stood dismissed for want of prosecution, by an order dated 1.2.2023.

The learned counsel for the petitioner submits that since the counsel for the petitioner could not mark the list properly, he could not appear before this Court when the aforesaid petition was taken for hearing, hence, the aforesaid petition has stood dismissed for want of prosecution, thus, a sympathetic view be taken and the aforesaid petition be restored to its original file.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.28488 of 2023(2) dt.10-05-2023 2/2 case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to direct for restoration of the aforesaid petition bearing Criminal Miscellaneous No. 44868 of 2018 to its original file.

The present restoration petition stands allowed. (Mohit Kumar Shah, J) Ajay/- U T