Vijay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 57529 of 2019 In CRIMINAL MISCELLANEOUS No.51614 of 2019 Arising Out of PS. Case No.-276 Year-2018 Thana- DORIGANJ District- Saran ====================================================== VIJAY RAI S/o Late Munshi Rai Resident of Village- Chirand, P.S- Doriganj, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Mohan Tripathi For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2019 By way of the present restoration application, petitioners seek to restore the Criminal Miscellaneous No.51614 of 2019, which stood dismissed for non prosecution. Submission of learned counsel for the petitioner is that due to fever he could not attend the court on the date when the case was fixed and there is no willful or deliberate laches on the part of the petitioner.

Having considered the averment made in the restoration application as well as the submission of learned counsel for the petitioner, Criminal Miscellaneous No.51614 of 2019 is restored to its original position, subject to payment of cost of Rs.500/- (Rupees Five Hundred) to be deposited by the petitioner in the Patna High Court Legal Services Committee,

Patna High Court CR. MISC. No. 57529 of 2019(2) dt.11-09-2019 2/2 Patna by 23.09.2019.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) abhishek/- U