Janardan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54062 of 2024 In CRIMINAL MISCELLANEOUS No.77771 of 2023 Arising Out of PS. Case No.-69 Year-2017 Thana- DHANGAI District- Bhojpur ====================================================== Janardan Mahto Son of Jamuna Mahto Resident Of Village- Udain Tola, P.S. Tiyer, District- Bhojpur ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Kumar Singh, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-07-2024

1. The present petition has been filed for restoration of a petition bearing Cr.Misc No.77771 of 2023, which has stood dismissed for want of prosecution vide order dated 21.06.2024.

2. The learned counsel for the petitioner has submitted that on account of inadvertence, the case could not be marked in the daily cause list, thus the learned counsel for the petitioner could not appear when the aforesaid petition was called out for hearing, leading to dismissal of the aforesaid petition for nonprosecution, hence a sympathetic view be taken and the aforesaid petition be restored to its original file.

3. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the

Patna High Court CR. MISC. No.54062 of 2024(2) dt.26-07-2024 2/2 present petition, I deem it fit and appropriate to direct for restoration of the aforesaid petition bearing Cr.Misc No.77771 of 2023 to its original file.

4. The present petition stands allowed.

(Mohit Kumar Shah, J) Saurav/- U T