Patna High CourtCR. MISC./74438/2023allowed

Shyam Sundar Thakur @ Shyam Thakur v. The State Of Bihar

2023-11-10Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74438 of 2023 In CRIMINAL REVISION No.267 of 2023 Arising Out of PS. Case No.-23 Year-2006 Thana- BASOPATTI District- Madhubani ====================================================== 1.

SHYAM SUNDAR THAKUR @ SHYAM THAKUR Son of Late Shrikant Thakur R/o vill - Koriyapatti, Belauna, P.s. - Basopatti, Distt. - Madhubani 2.

Subhash Thakur Son of Shyam Sundar Thakur @ Shyam Thakur R/o vill - Koriyapatti, Belauna, P.s. - Basopatti, Distt. - Madhubani 3.

Ashok Thakur Son of Shyam Sundar Thakur @ Shyam Thakur R/o vill - Koriyapatti, Belauna, P.s. - Basopatti, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-11-2023 Heard learned Counsel for the parties concerned. This application has been filed for restoration of Criminal Revision No. 267 of 2023, which got dismissed for non-compliance of the peremptory order, dated 10.08.2023. Learned Counsel for the petitioners submits that pursuant to the order, dated 10.08.2023, passed in Criminal Revision No. 267 of 2023, the petitioners have surrendered before the learned Trial Court on 28.08.2023, i.e. within the time granted by this Court, but the surrender certificate could not be filed in the connected case within time. Learned Counsel has annexed the surrender certificate as Annexure-2 to this

Patna High Court CR. MISC. No.74438 of 2023(2) dt.10-11-2023 2/2 application.

For the reasons stated in this application, the same is allowed and the connected case, being Criminal Revision no. 267 of 2023 is restored to its original file, subject to the condition that the petitioners shall file a copy of the surrender certificate (Annexure-2) in Criminal Revision No. 267 of 2023 also by 24th November, 2023.

(Anil Kumar Sinha, J.) harshpandey/- U