Dinesh Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2482 of 2019 ====================================================== 1.

Dinesh Sah, aged about 41 years (m) 2.

English Sahab @ Akhlesh Sah @ English Sabheb aged about 35 years (m) 3.

Umesh Sah aged about 45 years (m) All Son of Ramu Sah @ Ramu Sahi, aged about 60 years (m) 4.

Shivaji Sah, Son of Bacchu Sah aged about 55 years (m) 5.

Arvind Sah, Son of Shivaji Sah aged about 28 years (m) all R/o VillageChakawa P.S.- Khodawanpur Ward No.-12, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 27-03-2019 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present application seeks recall of the order dated 21.12.2018 passed in Cr. Misc. No. 64670 of 2018, by which the same has been dismissed due to non appearance of the learned counsel for the petitioners.

3. Learned counsel for the petitioners submitted that his Advocate Clerk died suddenly on 09.12.2018 and on 21.12.2018 the funeral was held due to which the case could not be marked and nobody had appeared.

4. For reasons mentioned in the application and the

Patna High Court CR. MISC. No.2482 of 2019(3) dt.27-03-2019 2/2 supplementary affidavit filed on behalf of the petitioners and in view of the submissions made, the Court finds that sufficient cause has been shown for non appearance of the learned counsel on 21.12.2018 in Cr. Misc. No. 64670 of 2018.

5. Accordingly, the application stands allowed. Cr. Misc. No. 64670 of 2018 stands restored to its original file and number.

6. The application stands disposed off.

(Ahsanuddin Amanullah, J.) P. Kumar U T