Md Akbar Alam @ Anwar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9198 of 2024 In CRIMINAL MISCELLANEOUS No.54418 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== Md Akbar Alam @ Anwar Alam S/O Late Md. Multan R/O VILLAGEKAMALDAHA, WARD NO.9, PS.- KURSAKANTA, DIST.- ARARIA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand,a d For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-02-2024 1.

Heard learned counsel for the parties concerned. 2.

The present petition has been filed for restoration of a criminal miscellaneous petition bearing Cr.Misc. no. 54418 of 2023, which has stood dismissed on account of non prosecution vide order dated 06.12.2023.

3.

Learned counsel for the petitioner submits that on 06.12.2023, when the case was called out, he could not appear before the Court due to his illness, hence, a sympathetic view may be taken and the aforesaid criminal miscellaneous petition be restored to its original file.

4.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made

Patna High Court CR. MISC. No.9198 of 2024(2) dt.09-02-2024 2/2 in the present petition, I deem it fit and appropriate to restore the aforesaid criminal miscellaneous petition bearing Cr.Misc. no. 54418 of 2023 to its original file.

5.

The present petition stands allowed.

(Anil Kumar Sinha, J) rinkee/- U T