IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25449 of 2009 UDAY SINGH @ UDAY SHANKAR SINGH, S/o. Late Jadubansh Singh, R/o. Village- Kanchanpur, P.S. Kanchanpur, District- Rohtas at Sasaram. Versus STATE OF BIHAR ----------- 02. 06.01.2010 This is an application for restoration of Cr. Misc. No. 2469 of 2009 which was an application for anticipatory bail and which stood dismissed on 21.05.2009 on account of non-prosecution due to not being argued on behalf of the petitioner. The records of the said Cr. Misc. No.2469 of 2009 shows that on 13.05.2009 when the case was on the Board of this Court an adjournment for one week time was prayed. The prayer was allowed with a categorical direction that no further time will be allowed. On the next day i.e., 21.05.2009 when the case was taken up the counsel for the petitioner did not turn up. One another counsel Mr. Sadanand Ray appeared but he did not argue the case. Accordingly, the case was dismissed on account of non-prosecution. Today the restoration application is pressed on the ground that on 21.05.2009 the counsel for the petitioner was ill but any medical certificate has not produced. Despite categorical direction that no further time will be allowed the application was not argued on that day. Hence, it was dismissed on account of non-prosecution. In the facts and circumstances I find no reason to 2 allow prayer for restoration of that application. Accordingly, this restoration application is rejected. Mkr. (C.M. Prasad, J.)