IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10198 of 2011 1.BACHASPATI TRIPATHI 2.Satyabrat Tripathi Both sons of late Chandra Bhushan Tripathi, resident of village-Dhekwaha, P.S.-Islampur, Distrcit-Nalanda. Versus 1.THE STATE OF BIHAR 2.Late Sunaina Devi daughter of Ramashish Pandey, resident of Bele, P.S.-Islampur, District- Nalanda lastly resided at Sohsarai Biharsharif, District-Nalanda ----------- 2. 30.3.2011. Heard Mrs. Sushmita Mishra, learned counsel for the petitioner and Mr. Jagdhar Prasad, learned Additional Public Prosecutor. The present petition has been filed with a prayer to restore Cr. Misc. No.5489 of 2003 which stood rejected on 13.9.2010 due to non-prosecution. The case i.e. Cr. Misc. No.5489 of 2003 was firstly taken up on 1.9.2010. On that day none had appeared on behalf of the petitioner and the case was adjourned with an indication that no further adjournment shall be granted. It was also noticed that in this case interim order of stay was continuing since 26.9.2003. Again, on 13.9.2010 when the case was called out none had appeared on behalf of the petitioner either to press it or to make a prayer for its adjournment and, as such, the petition stood rejected due to non-prosecution. The grounds which have been set forth in the present petition are not sufficient to persuade this court to pass a favourable order. Accordingly, the petition for restoration stands rejected. Md.S. ( Rakesh Kumar, J.) 2