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Patna High CourtCR. MISC./5495/2020allowed

Md. Hanif Khan v. The State Of Bihar

2021-04-07Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5495 of 2020 Arising out of CRIMINAL MISCELLANEOUS No.80741 of 2019 Arising Out of PS. Case No.-114 Year-2018 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Md. Hanif Khan, age about 73 years (M), Son of Late Hamid Khan Resident of Village - Hattiya Chawk, Fakirtakiya, P.S.- and P.O.- Ishakchak, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandeep Patil, Advocate For the State :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-04-2021 The matter has been heard via video conferencing.

2. Heard Mr. Sandeep Patil, learned counsel for the petitioner and Mr. Tarkeshwar Nath Thakur, learned Additional Public Prosecutor (APP) for the State.

3. The present application has been filed for recall of order dated 07.01.2020 passed in Cr. Misc. No. 80741 of 2019 by which the case was dismissed for non-appearance of learned counsel for the petitioner.

4. After hearing learned counsel for the parties, the Court finds that sufficient cause has been shown for nonappearance of learned counsel for the petitioner on 07.01.2020 leading to dismissal of the said case.

Patna High Court CR. MISC. No.5495 of 2020 dt.07-04-2021 2/2

5. Accordingly, the application is allowed. The order dated 07.01.2020 passed in Cr. Misc. No. 80741 of 2019 is recalled and the case stands restored to its original file and number.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T