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Patna High Court - Orders

Bipin Kumar Sharma & Ors vs State Of Bihar & Anr on 8 January, 2014

Author: Birendra Prasad Verma

Bench: Birendra Prasad Verma

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.1131 of 2014
                                                      In
                                        Criminal Misc. No. 7891 of 2012
                 ======================================================
                 1. Bipin Kumar Sharma, S/o Niteshwar Sharma
                 2. Jitendra Sharma, S/o Niteshwar Sharma
                 3. Mukteshwar Sharma, S/o late Ram Prasad Sharma
                    All are residents of Bela, P.O.Bela, P.S.Dariaapur,District Saran at
                    Chapra
                                                                          .... ....   Petitioner/s
                                                    Versus
                 1. The State Of Bihar
                 2. Kundan Kumar, S/o Lalan Sharma, resident of Village Bela,
                    P.S.Dariapur, District Saran at Chapra
                                                                    .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :   Mr. Nawal Kishore Singh, Advocate
                 For the State of Bihar    :   Mr. M.K.Nirala, Addl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
                 ORAL ORDER


2   08-01-2014

Cr. Misc. No. 1131 of 2014 After having heard learned counsel appearing on behalf of the petitioners as also learned Additional Public Prosecutor appearing on behalf of the State of Bihar, and for the reasons disclosed in the present petition, prayer for restoration of Cr. Misc. No. 7891 of 2012, which stood dismissed for want of prosecution by an order dated 13.12.2013, is allowed.

Cr. Misc. No. 7891 of 2012 is restored to its original file.

2 Patna High Court Cr.Misc. No.1131 of 2014 (2) dt.08-01-2014 2/2

The present application stands finally disposed of. Cr. Misc. No. 7891 of 2012 With the consent of learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State of Bihar, the present Cr. Misc. application has been taken up for consideration on merit.

After some arguments, learned counsel appearing on behalf of the petitioners seeks permission to withdraw this application with a liberty to raise all the issues, which have been raised in the present proceeding, during the course of trial before the learned trial court itself.

Permission is accorded.

The application stands disposed of as withdrawn with the liberty aforesaid.

(Birendra Prasad Verma, J) Kanth/-