Ashutosh Kumar @ Ashutosh Kumar Singh @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76128 of 2023 In CRIMINAL MISCELLANEOUS No.5604 of 2023 Arising Out of PS. Case No.-32 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== Ashutosh Kumar @ Ashutosh Kumar Singh @ Krishna Kumar Son Of Dinesh Singh Village- Premganj Ps- Lalganj Dist- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2023

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

2. The learned counsel for the petitioner submits that the present restoration application has been filed seeking restoration of Cr. Misc. No.5604 of 2023, which stood dismissed for default by order dated 18.09.2023, since none had appeared on behalf of the petitioner.

3. The Court requested the learned counsel for the petitioner to argue the quashing application on merits and in the event, if the Court is satisfied that the application has merit, in that event, the same shall be restored.

4. The learned counsel for the petitioner, after

Patna High Court CR. MISC. No.76128 of 2023(2) dt.10-11-2023 2/2 arguing vehemently for sometimes, sought permission to withdraw the present restoration application with liberty to the petitioner to raise all issues raised in the quashing application at the time of framing of charge.

5. Permission is accorded.

6. In view of the submissions made by the learned counsel for the petitioner, the restoration application is dismissed as withdrawn with the liberty aforesaid. (Satyavrat Verma, J) vikash/- U T