Afsar Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78992 of 2023 In CRIMINAL MISCELLANEOUS No.59036 of 2022 Arising Out of PS. Case No.-129 Year-2021 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== AFSAR AHMAD Son of Zahir Ahmad R/o vill - Hadowara, P.S. - Barharia, Distt. - Siwan. A/p Flat no. 23, Near Dayal Hospital, Chacha Chowk Road, P.S. - Saran, Distt. - Faridabad, Harayana ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-12-2023 1.

Heard the learned counsel for the petitioner and the learned APP for the State.

2.

The present petition has been filed for restoration of a petition bearing Cr. Misc. No.59036 of 2022, which has stood dismissed for default on account of non-compliance of the peremptory order dated 16.01.2023.

3.

The learned counsel for the petitioner has submitted that on account of inadvertence on his behalf, the defects could not be removed within the time frame granted for removal of the same, however, the same shall definitely be removed within a period of two weeks from today, hence a sympathetic view be taken and the aforesaid petition be restored

Patna High Court CR. MISC. No.78992 of 2023(2) dt.08-12-2023 2/2 to its original file.

4.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, though I deem it fit and appropriate to direct for restoration of the aforesaid petition bearing Cr. Misc. No.59036 of 2022 to its original file, however, subject to removal of the defects pointed out by registry, within a period of two weeks from today.

5.

The present petition stands disposed off on the aforesaid terms.

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