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Patna High CourtCR. MISC./22382/2024disposed

Upendra Nut v. The State Of Bihar

2024-05-15Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22382 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- GARKHA District- Saran ====================================================== UPENDRA NUT S/O- BACHCHA NUT R/O- VILLAGE- MITHEPUR, P.S.- GARKHA, DIST.- SARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar For the Opposite Party/s :

Ms. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The case was mentioned by the learned counsel appearing on behalf of the petitioner, based on which the case was directed to be listed under the Heading "To be mentioned".

3. The learned counsel for the petitioner submits that the case was dismissed for non-prosecution by order dated 23.04.2024 as he could not appear, but then from perusal of the order dated 23.04.2024, it manifests that the same records that- "After some argument, learned counsel for the petitioner seeks permission to withdraw the anticipatory bail application. Permission is accorded.

4. The Court also verified from the progress register of the Court Master that as to whether the case was permitted to

Patna High Court CR. MISC. No.22382 of 2024(3) dt.29-04-2024 2/2 be withdrawn or was dismissed for non-prosecution on 23.04.2024, on which it is informed that the case was dismissed for non-prosecution by the Court Master.

5. Accordingly, the order dated 23.04.2024 is modified to read as 'no one appears on behalf of the petitioner and learned APP for the State is present. The case is dismissed for non-prosecution.

(Satyavrat Verma, J) Rishabh/- U T