Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19349 of 2020 (Arising out of Cr. Misc. No.80034 of 2019) ====================================================== Manoj Kumar son of late Niwas Sharma, resident of 41 Industrial Area Kokar, P.S. Sadar Ranchi, District Ranchi, Jharkhand. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar, Adv. For the Opp. Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04.08.2021 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 Cr. Misc. No.80034 of 2019, which has stood dismissed for default on account of non-compliance of the peremptory order dated 05.12.2019.

The learned counsel for the petitioner has submitted that on account of the prevailing Covid-19 pandemic situation, the petitioner could not remove the defects in time, however, if he is permitted to remove the defects physically, he will do the

same within a period of four weeks from today. The learned APP appearing for the State, Shri Ashok Kumar, has got no objection.

Having regard to the facts and circumstances of the case and considering the averments made in the present petition, the present petition is allowed and the aforesaid petition bearing Cr. Misc. No. 80034 of 2019 is restored to its original file, subject to the petitioner removing the defects within a period of four weeks from today, which he may do so by physical mode. (Mohit Kumar Shah, J) Tiwary/-