Chhotu @ Shamshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66961 of 2022 In CRIMINAL MISCELLANEOUS No.5725 of 2022 Arising Out of PS. Case No.-261 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== Chhotu @ Shamshad Alam ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-12-2022 Heard learned counsels for the parties.

The instant petition has been filed for restoration of Cr. Misc. No. 5725 of 2022 which was dismissed due to non prosecution. It is submitted by learned counsel Mr.Arbind Kumar Singh, appearing for the petitioner that on 22.06.2022 when the petitioner's case was dismissed, petitioner's counsel could not appear in the court on account of suffering from fever and there was no intentional default or negligence on the part of the petitioner's counsel in attending the petitioner's case Cr. Misc. No. 5725 of 2022.

Learned APP Mr.Nirmal Kumar Sinha, has opposed the petitioner's prayer.

Having considered the above submissions as well as

Patna High Court CR. MISC. No.66961 of 2022(2) dt.07-12-2022 2/2 other facts mentioned in the petition, in the opinion of this Court the petitioner deserves to the relief as sought for. Accordingly, the instant petition stands allowed and the order dated 22.06.2022 is hereby recalled and the Cr. Misc. No. 5725 of 2022 is directed to be restored to its original position in original file.

(Shailendra Singh, J.) maynaz/- U T