Heman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24813 of 2019 In CRIMINAL MISCELLANEOUS No.64736 of 2018 Arising Out of PS. Case No.-397 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== 1.

Heman Yadav Son of Reba Yadav Resident of Village- Amukhap, P.S.- Barachatti, District- Gaya.

2.

Rajesh Yadav Son of Basudev Yadav Resident of Village- Pakariya, P.S.- Barachatti, District- Gaya.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2019 By way of the present restoration application, petitioner seeks to restore the Cr. Miscellaneous No. 64736 of 2018, which stood dismissed for non prosecution vide order dated 03.12.2018.

Submission of learned counsel for the petitioner that due to some communication gap, he could not attend the court on the date when the case was fixed and there is no willful or deliberate laches on the part of the petitioner. Having considered the averments made in restoration application as well as the submission of learned counsel for the petitioner, Cr. Miscellaneous No. 64736 of 2018, is restored to its original on the cost of Rs. 5,00/- (Rupees Five Hundred) to

Patna High Court CR. MISC. No.24813 of 2019(2) dt.24-04-2019 2/2 be deposited by the petitioner in Patna High Court Legal Services Committee, Patna.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) Amjad/- U T