Bashistha Bhagat @ Bashishta Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61272 of 2019 In CRIMINAL MISCELLANEOUS No.43238 of 2019 Arising Out of PS. Case No.-184 Year-2016 Thana- PAHARPUR District- East Champaran ====================================================== 1.

BASHISTHA BHAGAT @ BASHISHTA BHAGAT Son of Late Panchul Bhagat Resident of Sonbal Dakshin Patti, P.S. - Paharpur, District - East Champaran 2.

Raja Bhagat Son of Late Panchul Bhagat Resident of Sonbal Dakshin Patti, P.S. - Paharpur, District - East Champaran 3.

Devendra Bhagat @ Davendra Kumar Son of Bashista Bhagat Resident of Sonbal Dakshin Patti, P.S. - Paharpur, District - East Champaran 4.

Brij Kishore Bhagat @ Brij Kishore Kumar Son of Raja Bhagat Resident of Sonbal Dakshin Patti, P.S. - Paharpur, District - East Champaran 5.

Savita Devi Daughter of Bashista Bhagat Resident of Sonbal Dakshin Patti, P.S. - Paharpur, District - East Champaran 6.

Vidya Devi @ Vina Devi Daughter of Bashista Bhagat Resident of Sonbal Dakshin Patti, P.S. - Paharpur, District - East Champaran 7.

Reeta Devi Daughter of Raja Bhagat Resident of Sonbal Dakshin Patti, P.S. - Paharpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Shekhar Tiwary For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-10-2019 Petitioners have filed this petition for restoration of the Cr. Misc. No. 43238 of 2019 to its original file with the case that the aforesaid case was listed under the heading "For Admission" on 03.09.2019, but as the advocate clerk failed to mark the case and as such listing of the aforesaid case was not in the knowledge of the learned counsel for the petitioners,

Patna High Court CR. MISC. No.61272 of 2019(2) dt.16-10-2019 2/2 hence learned counsel could not attend the case and accordingly same was dismissed for non-prosecution. There is no intentional and deliberate laches on the part of the petitioners in dismissal of the aforesaid case.

Having regard to the facts and circumstances of the case, Cr. Misc. No. 43238 of 2019 is restored to its original file and accordingly aforesaid restoration petition is allowed. (Prakash Chandra Jaiswal, J) mantreshwar/- U T