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Patna High CourtMJC/1458/2023allowed

Baliram Singh @ Balram Singh v. The State Of Bihar

2024-03-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1458 of 2023 In Civil Writ Jurisdiction Case No.17082 of 2021 ====================================================== Baliram Singh @ Balram Singh Son of Indradeo Singh, Present resident of Kailash Nagar, Chas, Bokaro (Jharkhand) Permanent resident of VillageDarmian, P.S. Rafiganj, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through Home Commissioner, Govt. of Bihar, Patna. 2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Aurangabad.

4.

The Arms Magistrate, Aurangabad.

5.

The Officer In-charge, Rafiganj Police Station, District-Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Manish Kumar (Gp 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-03-2024

1. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 17082 of 2021, which has stood dismissed on account of non-prosecution by an order dated 25.02.2023, passed in the said writ petition.

2. The learned counsel for the petitioner has submitted that since the case could not be marked by the advocate's clerk, the learned counsel for the petitioner could not appear before this Court, when the matter was called out for hearing, hence a lenient view be taken and the aforesaid petition be restored to its original file.

3. Having regard to the facts and circumstances of the

Patna High Court MJC No.1458 of 2023(2) dt.20-03-2024 2/2 case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid writ petition bearing C.W.J.C. No. 17082 of 2021, to its original file.

4. The present restoration petition stands allowed. (Mohit Kumar Shah, J) sonal/- U