Mithu Kumar @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40759 of 2019 In CRIMINAL MISCELLANEOUS No.10127 of 2019 Arising Out of PS. Case No.-4 Year-2016 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Mithu Kumar @ Vivek Kumar, aged about 21 years, Male, Son of Raj Kumar Tiwary, Resident of Village-Malpur, Police Station-Patepur, District-Vaishali. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Ramakant Tiwari. Aged about years, Male, Son of Late Dashrath Tiwari Resident of Village-Malpur, Police Station-Patepur, District-Vaishali. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Manish Chandra Gandhi, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 10-07-2019 Heard learned counsel for the petitioner as well as learned APP for the State.

2. This application has been filed for restoration of Cr. Misc. No. 10127 of 2019 which stood dismissed for non-compliance of the peremptory order dated 02.05.2019.

3. It is submitted that in view of the peremptory order dated 02.05.2019, requisite etc. for issuance of fresh notice was not filed within time and the same was filed belatedly.

4. For the reasons stated in the restoration petition, the prayer for restoration is allowed and Cr. Misc. No. 10127 of 2019 is

Patna High Court CR. MISC. No.40759 of 2019 dt.10-07-2019 2/2 restored to its original file.

5. Cr. Misc. No. 40759 of 2019 stands disposed of.

6. Office to proceed accordingly.

(Vikash Jain, J) BT/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 14.07.2019 Transmission Date 14.07.2019