IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23814 of 2010 RADHA KANT LAL DAS @ R.K.L.DAS Versus THE STATE OF BIHAR ----------- 2 9.7.2010 Heard the parties. The present petition has been filed for restoration of Cr. Misc. No. 2519 of 2010 which was dismissed by an order dated 6.4.2010, not only due to non-prosecution of the case but also taking into consideration the conduct of the petitioner. The matter was heard on 25.3.2010 and learned counsel appearing on behalf of the petitioner sought adjournment for ten days enabling him to seek instruction as to whether his client was prepared to deposit Rs. 60,300/- which was subject matter of criminal misappropriation in the case in question. When the matter was listed on 5.4.2010, nobody appeared on behalf of the petitioner and matter was passed over awaiting the arrival of the learned counsel for the petitioner to inform the court about the instruction received by him from his client. On 6.4.2010 when the matter was called out then on that date also nobody appeared on behalf of the petitioner to press this application. Accordingly, by noticing all the facts this court dismissed the aforesaid application with a direction to the petitioner to surrender in the court below in connection with Saharsa Sadar P.S. Case no. 51 of 2008 dated 8.2.2008 within a period of four weeks from that date. Instead of compliance of the aforesaid order dated 6.4.2010 the petitioner has chosen to file the present petition seeking restoration of aforesaid Cr. Misc. No. 2519 of 2010. On considering all the materials this court comes to a finding that there is no good ground for restoration of the previous petition. The petitioner must comply the previous order passed by this Court. The - 2 - application is accordingly dismissed. However, it goes without saying that if the petitioner surrenders in the light of the aforesaid order dated 6.4.2010 and deposits Rs. 60,300/- , then the learned court below will consider his prayer for regular bail sympathetically. ( Birendra Prasad Verma, J. ) M.Rahman