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2019 DAILYLAW 1703 (PAT)

Nitish Kumar Singh and Ors v. The State of Bihar and Ors

MJC/868/2019 · 2026-02-19

Ajit Kumar

Transfer Petitionbody2019

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.868 of 2019 In Criminal Writ Jurisdiction Case No.3062 of 2018 ====================================================== 1. Nitish Kumar Singh and Ors S/oMukesh Kumar Singh R/o Vill.- Ratanua,P.S. Aurangabad(Mufassil),Dist-Aurangabad 2. Navin kumar S/o Bipin Prasad Sinha R/o Vill.-Baratpur,Dharnidhar Road,P.S. Aurangabad (Mufassil),Dist-Aurangabad 3. Nikhil Singh @ Nikhil Kumar S/o Late Mithlesh Singh R/o Vill.-Karma Bigha P.S. P.S. Town ,Dist-Aurangabad 4. Munna Yadav @ Munna Yadav S/o Ramasish Yadav R/o Vill.-Ledha P.S. Deo Dist-Aurangabad 5. Shashi Kumar Singh @ Shashi Kumar S/o Pramod Singh R/o Vill.- Kamat,P.S. Madanpur ,Dist-Aurangabad 6. Prithivi Singh S/o Vinod Prasad Singh R/o Vill.-Sanghat Road Madanpur,P.S. Madanpur,Dist-Aurangabad ... ... Petitioner/s Versus 1. The State of Bihar and Ors through the Chief Secretary,Govt. of Bihar 2. Principal Secretary, Department of Home (Police) Gov. of Bihar,Patna 3. Director General cum Inspector General of Police,Govt. of Bihar,Patna 4. District Magistrate, Aurangabad 5. Superintendent of Police, Aurangabad 6. Office In Charge, of Town Police Station,Aurangabad ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Prabhat Kumar Verma (AAG-3) Dr. Mankeshwar Tiwari, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 19-02-2026 Heard learned counsel for the petitioners and learned counsel for the Opposite parties. 2. In view of the submissions made by the learned counsel for the petitioner, the defect(s) as pointed out by the Patna High Court MJC No.868 of 2019(3) dt.19-02-2026 2/2 Office/Stamp Reporter, are ignored. 3. The present application has been filed for restoration of Cr. W.J.C. No.3062 of 2018, which stood dismissed on 10.01.2019 due to non-prosecution. 4. Learned counsel for the petitioners submits that the due to unavoidable circumstances, he could not remove the defect(s) and latches were neither deliberate nor malafide and consequently Cr. W.J.C. No.3062 of 2018 was dismissed on 10.01.2019 due to non-compliance. 5. For the reasons stated in this application and in the interest of justice, the present M.J.C. is allowed and the writ petition bearing Cr. W.J.C. No.3062 of 2018 is restored to its original file. sharun/- (Ajit Kumar, J) U