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Patna High CourtCR. MISC./63409/2017allowed

Shiv Kumar Yadav @ Abhay Yadav @ Abhay Kumar Yadav @ Shiv Kumar And ANR v. The State Of Bihar

2018-01-03Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63409 of 2017 Arising Out of PS. Case No.- Year- Thana- District- Gopalganj ======================================================

1. Shiv Kumar Yadav @ Abhay Yadav @ Abhay Kumar Yadav @ Shiv Kumar son of Late Vidya Yadav

2. Sandeep Kumar son of Dhrup Yadav Both 1 & 2 resident of Village- Manbodhparsouni, P.S. Uchkagaon, District- Gopalganj. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey No-5 For the Opposite Party/s :

Mr. SRI RANA RANDHIR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-01-2018 This Criminal Miscellaneous application has been filed for restoration of Cr. Misc. No. 48493 of 2017 which was dismissed for want of prosecution on 12.12.2017 as on that date on call nobody turned up for the petitioners.

It is submitted that the wife of the counsel for the petitioners was under treatment of Dr. S. S. Thakur and on 12.12.2017 the counsel for the petitioners went with his wife to Shyamal Hospital to meet Dr. S. S. Thakur and when the counsel of the petitioners was returning to attend the court, there was traffic at IGIMS, Sheikhpura More and at Secretariat, resulting, more than one hour the counsel remained strand and on call nobody turned up.

Considering the grounds sufficient, Criminal Misc. No. 48493 of 2017 is restored to its original file and this criminal

Patna High Court Cr.Misc. No.63409 of 2017(2) dt.03-01-2018 2/2 miscellaneous application is hereby allowed.

(Jitendra Mohan Sharma, J) avin/- U