The State Of Bihar Through Vigilance Investigation Bureau, Bihar, Patna. v. Sri Mahendra Prasad Jaiswal

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19367 of 2020 In GOVT. APPEAL (SJ) No.4 of 2019 Arising Out of PS. Case No.-109 Year-2007 Thana- VIGILANCE District- Patna ====================================================== THE STATE OF BIHAR THROUGH VIGILANCE INVESTIGATION BUREAU, BIHAR, PATNA. Bihar, Patna.

... ... Petitioner/s

Versus

SRI MAHENDRA PRASAD JAISWAL, Son of Late Muni Lal Jaiswal Navratan Hattha, P.S.- Kehat, District- Purnea (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Singh, Advocate For the Opposite Party/s :

Mr. A. K. Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-09-2021 Heard Mr. Anil Singh, learned counsel for the petitioner and Mr. A. K. Pandit, learned counsel for the Opposite Party.

The present petition has been field restoration of Government Appeal No.4 of 2019 which stood dismissed for non-compliance of the peremptory order dated 30.08.2019 passed by this Court.

Learned counsel for the petitioner submits that two defects were pointed out by the office, the defect No.1 was removed within time but defect No.2 was with regard to giving the number of days of delay in the limitation petition which could not be mentioned within time by the appellant and as such

Patna High Court CR. MISC. No.19367 of 2020(2) dt.15-09-2021 2/2 Govt. Appeal stood dismissed for default for non-compliance of the peremptory order, however, learned counsel undertakes to furnish the number of days of delay in the limitation petition after this pendemic period is over and physical file is made available to the learned counsel for the petitioner. In view of the undertaking given by learned counsel, let this Appeal be restored to its original file. (Anil Kumar Sinha, J) sanjeev/- U