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Patna High CourtCR. MISC./53988/2022allowed

Dilip Yadav v. The State Of Bihar

2022-11-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53988 of 2022 In CRIMINAL MISCELLANEOUS No.18848 of 2022 Arising Out of PS. Case No.-9 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== DILIP YADAV Son of Late Ranglal Yadav Resident of Village - Phulwaria, P.S.- Mairwa, District - Siwan at present at Bousi Purdaha, P.S.- Mairwa, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rama Nand Poddar,Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-11-2022 The present petition has been filed for restoring a petition bearing Criminal Miscellaneous No. 18848 of 2022 which has stood dismissed on account of non-prosecution by an order dated 03.08.2022 passed by this Court in Criminal Miscellaneous No. 18848 of 2022.

It has been submitted in the present petition that the learned counsel for the petitioner was ill, hence he could not come to the Court on the day when the aforesaid case was taken up for hearing, as such the case could not be attended when it was called out, thus the same has stood dismissed for nonprosecution. Having regard to the facts and circumstances of the case and considering the averments made in the present petition,

Patna High Court CR. MISC. No.53988 of 2022(2) dt.02-11-2022 2/2 I deem it fit and proper to direct for restoration of the aforesaid petition bearing Criminal Miscellaneous No. 18848 of 2022 to its original file.

The petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/SonalU T