Aman Kumar Choube @ Aman Kumar @ Aman Kumar Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73967 of 2022 In CRIMINAL MISCELLANEOUS No.52894 of 2021 Arising Out of PS. Case No.-58 Year-2021 Thana- LAKHNAUR District- Madhubani ====================================================== Aman Kumar Choube @ Aman Kumar @ Aman Kumar Choubey Son Of Late Bindeshwar Choubey R/V- Ward No. 12, Koshi Road, Bhumihar Tola, P.O And P.S And Dist- Supaul 852131 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Kumar Jha For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

Re:-Interlocutory Application No. 1 of 2023 The present Interlocutory Application has been filed for accepting fresh Vakalatnama and granting permission to Mr. Satyendra Kumar Jha, learned counsel to defend the case on behalf of the petitioner.

It is submitted by learned counsel for the petitioner that earlier the petitioner had filed Cr. Misc. No. 52894 of 2021 for grant of anticipatory bail which was dismissed vide order dated 28.06.2022 for non-appearance of the learned counsel appearing on behalf of the petitioner.

Patna High Court CR. MISC. No.73967 of 2022(3) dt.19-04-2023 2/3 The petitioner, thereafter filed fresh anticipatory bail petition being Cr. Misc. No. 48507 of 2022 which was withdrawn with an observation to file restoration petition. In the present restoration petition, the petitioner has approached this Court for restoration of Cr. Misc. No. 52894 of 2021 with another learned advocate namely Satyendra Kumar Jha since the learned advocate namely Kumar Ravishankar who was appearing earlier in Cr. Misc. No. 52894 of 2021 had refused to give "No Objection". The petitioner is free to engage any advocate, if he thinks fit and proper for his case.

In the facts and circumstances, the Interlocutory Application No. 01 of 2023 stands allowed and the Vakalatnama filed on behalf of Mr. Satyendra Kumar Jha, learned advocate is accepted.

Cr. Misc. No. 73967 of 2022 The present petition has been filed for restoration of Cr. Misc. No. 52894 of 2021 which was dismissed for non-prosecution vide order dated 28.06.2022.

It is submitted by learned counsel for the petitioner that learned counsel who was engaged earlier

Patna High Court CR. MISC. No.73967 of 2022(3) dt.19-04-2023 3/3 could not appear due to some personal difficulty while the case was called for. Therefore, the petition for grant of anticipatory bail stood dismissed for non-prosecution vide order dated 28.06.2022.

On the ground mentioned in the restoration petition, the same is allowed.

Accordingly, Cr. Misc. No. 52894 of 2021 is restored to its original file.

The petition stands allowed.

(Sunil Kumar Panwar, J) Subham/Shageer U T