Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44092 of 2024 In CRIMINAL MISCELLANEOUS No.34698 of 2016 Arising Out of PS. Case No.-167 Year-2007 Thana- LAKHISARAI District- Lakhisarai ====================================================== Pankaj Kumar S/o- Om Prakash Sao Resident of village- Bahuara PsChabara Dist- Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mukesh, not known to the petitioner, Supply Inspector Lakhisarai P.S.- Lakhisarai, Distt.- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the State :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 21-06-2024 The present case has been filed for restoration of Cr. Misc. Case No. 34698 of 2016 which was dismissed for default vide order dated 19.12.2023. However, Ld. counsel for the Petitioner submits that the failure of the petitioner to attend the matter on the relevant date was neither willful nor negligent, but on account of unavoidable reasons.

2. Considering the submissions advanced by Ld. counsel for the Petitioner, the present petition is allowed, restoring Cr. Misc. No. 34698 of 2016 to its original number. (Jitendra Kumar, J.) ravishankar/S.Ali U T