Baban Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12059 of 2020 In CRIMINAL MISCELLANEOUS No.85744 of 2019 Arising Out of PS. Case No.-358 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== BABAN PRASAD SINGH Son of Late Jagdish Singh @ Jagdish Prasad Singh Resident of Village - Katar, P.S.- Indrapuri, O.P., District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Heera Singh Son of Late Jagdih Singh @ Jagdish Prasad Singh Resident of Village - Katar, P.S.- Indrapuri O.P., District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-07-2020 This matter has been taken up through Video Conferencing.

Cr. Misc. No. 85744 of 2019 was dismissed for default as no one had appeared on behalf of the petitioner on 08.01.2020.

The present application is for setting aside the dismissal and restoration of the aforesaid criminal miscellaneous application. The reason for non-appearance is stated in the petition.

Hence, for substantial justice, the dismissal is hereby set aside and the aforesaid criminal miscellaneous application

Patna High Court CR. MISC. No.12059 of 2020(2) dt.07-07-2020 2/2 stands restored to its its original file.

Accordingly, the application stands allowed.

(Birendra Kumar, J) Mkr./- U T