IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30582 of 2011 Gulam Rabbani , Son of Late Md. Yasin, resident of Village- Gandbas, Police Station- Baisi, District-Purnea --- Petitioner Versus 1. The State Of Bihar 2. Bibi Aisa wife of Md. Israil, resident of Village- Gandbas, P.S. Baisi, District- Purnea ---------------- Opp.Parties. ---------------------------------- 02 21-09-2011 Heard Sri Zeyaul Hoda, learned counsel for the petitioner, Sri Kumar Ranjit Ranjan, learned Addl.Public Prosecutor. This application has been filed with a prayer to restore Cr.Misc.No.44097 of 2007, which stood dismissed on 25.11.2010 due to non-prosecution. Learned counsel for the petitioner submits that a categorical statement has been made in paragraph no.3 of the petition that learned counsel for the petitioner was sick and he was under treatment. Therefore, he failed to appear and the case stood dismissed. In Cr.Misc.No.44097 of 2007, interim order of stay was continuing since 13.01.2009 and on 15.04.2009 the case was admitted for hearing and while admitting, the interim order of stay dated 13.01.2009 was ordered to continue. At the time of hearing, on 24.11.2010 none had appeared on behalf of the petitioner either to press the petition or to make a prayer for adjournment. The case was adjourned recording in the ordersheet that no further adjournment shall be granted. The Court, while adjourning for the 2 day on 24.11.2010, also noticed that interim order of stay was continuing since 13.01.2009. Thereafter, on 25.11.2010 one another counsel made a prayer for adjournment. Keeping in view the fact that on last occasion (i.e. on 24.11.2010), it was made clear that no further adjournment was required to be given and since on 25.11.2010 the petition was not pressed, this Court had dismissed the petition due to non-prosecution. The dismissal order was passed on 25.11.2010 and the present restoration petition has been filed on 07-09-2011 without any cogent explanation for non-appearance. Of course, plea of ailment has been taken , the court is not satisfied with the ground set forth in the present petition The restoration petition stands dismissed. NKS/- ( Rakesh Kumar, J.)