Md. Shahid Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40475 of 2021 In CRIMINAL MISCELLANEOUS No.27445 of 2020 Arising Out of PS. Case No.-638 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== 1.

MD. SHAHID ALI S/o Late Hasmat Ali Resident of 6 Moria Ghat, P.S. - Civil Lines, District - Gaya, Bihar -823001.

2.

MUKESH KUMAR SINGH S/o Ravindra Bahadur Singh Resident of M.P. Singh Road, Bahriya Kothi, Kadamkuan, P.S. - Kadamkuan, District - Patna, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohit Raj, Adv For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-12-2021 On account of non-appearance on behalf of the petitioner for consecutive two days the application was dismissed for want of prosecution on 09.02.2021. Restoration application has been filed along with Vakalatnama bearing 'No Objection' from one of the counsels who had earlier filed Cr. Misc. No. 27445 of 2020. It has been stated in the restoration application that in view of demise of the lead counsel who had filed Cr. Misc. No. 27445/2020, non appearance was occasioned on two instances. Such unfortunate circumstance has been raised for restoration of the case. This Court is satisfied that the reasons make out

Patna High Court CR. MISC. No.40475 of 2021(5) dt.01-12-2021 2/2 sufficient cause for restoration of the matter. Cr. Misc. No. 27445/2020 be restored to its original file.

The instant restoration application is allowed. (Madhuresh Prasad, J) SUMIT/- U