Vidyanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26728 of 2023 In CRIMINAL MISCELLANEOUS No.23173 of 2022 Arising Out of PS. Case No.-361 Year-2021 Thana- KONCH District- Gaya ====================================================== VIDYANAND YADAV S/O LATE CHALITAR YADAV Resident of VillagePadrawan Math, P.S.- Konch, District- Gaya, State- Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Arbind Kumar Pandey (App.84) ====================================================== 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. 23173 of 2022, which has stood dismissed for want of prosecution, by an order dated 18.1.2023.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid petition was dismissed for want of prosecution.

Having regard to the facts and circumstances of the 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

Patna High Court CR. MISC. No.26728 of 2023(2) dt.10-05-2023 2/2 of the aforesaid petition bearing Criminal Miscellaneous No. 23173 of 2022 to its original file.

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