Nimit Akhori v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34915 of 2024 In CRIMINAL MISCELLANEOUS No.35492 of 2016 Arising Out of PS. Case No.-382 Year-2016 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Nimit Akhori Son Of Late A.J.N. Sinha Village- Buxar Golamber, National Industries Industrial Area, Ps- Buxar Industrial, Dist- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjeet Singh Rana Son of Late Jagdishar Prasad Singh Village- Chaugain, Ps- Murar, Dist - Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kritya Nand Jha, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-05-2024 The present petition has been filed for restoring Cr. Misc. No. 35492 of 2016, which was dismissed for default on account of non-appearance of the Petitioner.

2. However, Ld. counsel for the Petitioner submits that the failure of the Petitioner to appear was neither willful nor negligent, but on account of unavoidable reasons.

3. Considering the submissions advanced by Ld. counsel for the Petitioner, the present petition is allowed, restoring Cr. Misc. No. 35492 of 2016 to its original number. (Jitendra Kumar, J.) Shoaib/Ravi Shankar U T