IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3193 of 2011 ASHOK KUMAR Versus THE STATE OF BIHAR & ORS 2 02.02.2011 This application has been filed seeking restoration of Cr. Misc. No. 36672 of 2007 (Ashok Kumar versus State of Bihar & Ors) by recalling order dated 3.11.2010 which reads as under: “When the case was taken up, nobody appeared on behalf of the petitioner to press this application. It appears that on 05.03.2009 at the request of the counsel for the petitioner the case was adjourned to be listed after Holi holidays. Again on 18.03.2009 the case was adjourned to be listed on 24.03.2009. In the circumstance, this Court is left with no option but to dismiss the application for non- prosecution. I order accordingly.“ Learned counsel for the petitioner made diverse submissions explaining the circumstances in which the counsel representing the petitioner could not appear on call. The application seeking restoration of Cr. Misc. No. 36672 of 2007 is allowed subject to deposit of a sum of Rs. 250/- (two hundred fifty only) with the Patna High Court Legal Aid Committee and filing receipt thereof within two weeks. pkj (Kishore K. Mandal, J)