Pankaj Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40285 of 2015 ======================================================

1. Pankaj Yadav Son of Chandeshwar Yadav resident of village - Tarchha, P.S. Jagdishpur, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Upendra Yadav Son of Late Nathan Yadav

3. Pradip Yadav Son of Upendra Yadav

4. Bibhisan Yadav Son of Upendra Yadav

5. Dilip Yadav Son of Upendra Yadav

6. Manoj Yadav Son of Upendra Yadav All 2 to 6 resident of village - Tarchha, P.S. Jagdishpur, District - Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Md.Sufiyan(App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 30-10-2015 By making this miscellaneous application, the petitioner has sought for restoration of Cr.Appeal (DB) No. 585 of 2015 which was dismissed for default on 07.08.2015. Heard Mr. S.C.Mishra, learned counsel for the petitioner, and Mr. Md. Sufiyan, learned Additional Public Prosecutor, appearing for the State.

Having considered the averments made in the application and having heard the learned counsel for the petitioner, we are satisfied that the absence of the petitioner and/or his

Patna High Court Cr.Misc. No.40285 of 2015 (3) dt.30-10-2015 counsel from the Court, on 07.08.2015, was for reasons beyond their control.

In view of the above and in the interest of justice, the restoration application is allowed and Cr.Appeal (DB) No.585 of 2015, aforementioned is hereby restored to its original file. This Miscellaneous Case shall, accordingly, stand disposed of.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) A.I./- U