Vijay Prakash Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66589 of 2021 In CRIMINAL MISCELLANEOUS No.86114 of 2019 Arising Out of PS. Case No.-147 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== VIJAY PRAKASH THAKUR Son of Sri Parash Nath Thakur Resident of Village - Dubha, P.O. - Rajapur, P.S. - Simari, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Adv.

Mr.Vikash Bharti, Adv For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2021 Heard Mr. Diwakar, learned counsel for the petitioner and Mr. Murli Dhar, learned APP for the State. The present application has been filed for restoration of Cr. Misc. No. 86114 of 2019 which stood dismissed for default due to non compliance of order dated 28.02.2020 passed by this Court.

Learned counsel for the petitioner submits that due to inadvertent mistake the requisites etc., for issuance of notice upon OP No.2 could not be filed within stipulated time due to which, Cr. Misc. No. 86114 of 2019 got dismissed for default due to non compliance of the peremptory order. He further submits that he will comply with the order dated 28.02.2020 passed in Cr. Misc. No. 86114 of 2019 within two weeks.

Patna High Court CR. MISC. No.66589 of 2021(3) dt.08-12-2021 2/2 Regard being had to the submissions of the learned counsel for the petitioner, Cr. Misc. No. 86114 of 2019 is directed to be restored to its original file subject to the condition that requisites etc for issuance of notice upon OP No.2 shall be filed within two weeks.

Accordingly, the instant petition for restoration stands allowed.

(Anil Kumar Sinha, J) perwez U T