Ram Bilash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52358 of 2024 In CRIMINAL REVISION No.167 of 2019 Arising Out of PS. Case No.-45 Year-2007 Thana- MOKAMAH District- Patna ====================================================== Ram Bilash Prasad S/o- Late Somar Pandit Village- Mor Police stationMokama District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hira Pandit @ Heera Lal Pandit son of Ram Bilash Pandit Village- Mor Police station- Mokama District- Patna 3.

Shiv Shankar Pandit, Son of Ram Bilash Pandit Bihar 4.

Santosh Kumar Pandit S/o- Hira Pandit Village- Mor Police stationMokama District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Anjana, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 02-08-2024 Two applications are pending for disposal. The first one being Cr. Misc. No. 52358 of 2024, and the second one is an application for restoration of Cr. Revision No. 167 of 2019, which was dismissed on 14th December 2023. As the instant application has been filed after the expiry of the period of limitation. The petitioner has filed an interlocutory application under Section 5 of the Limitation Act, praying for condonation of delay.

2. I have perused the application under Section 5 of the Limitation Act and it appears from the averments made in

Patna High Court CR. MISC. No.52358 of 2024(3) dt.02-08-2024 2/2 the said application that delay in filing the Cr. Misc. Case has been sufficiently explained. Accordingly, the delay is condoned and Cr. Misc. Case No. 52358 of 2024 is taken up on record for hearing.

3. I have heard the learned counsel for the petitioner and the learned counsel for the Opposite Parties.

4. This Court is satisfied that the learned counsel for the petitioner was prevented by sufficient cause in appearing before this Court, when the matter was taken up for hearing and after considering such circumstances, the Cr. Misc. No. 52358 of 2024 is allowed and the Cr. Revision No. 167 of 2019 be restored to its original file.

(Bibek Chaudhuri, J) Suraj Dubey/- U