Jagdish Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8967 of 2020 Arising out of CRIMINAL MISCELLANEOUS No.79715 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== 1.

Jagdish Sharma, male, aged about 69 years, Son of Late Mauzi Sharma 2.

Pantu Sharma @ Fanu Sharma, male, aged about 71 years, Son of Late Adhik Sharma 3.

Suresh Sharma, male, aged about 49 years 4.

Dinesh Sharma, male, aged about 45 years, both sons of Late Pryag Sharma 5.

Ram Kumar Sharma @ Raj Kumar Sharma, male, aged about 41 years, 6.

Pawan Sharma, male, aged about 44 years, both Sons of Late Manki Sharma 7.

Bechan Sharma, male, aged about 44 years, 8.

Chhotelal Sharma, male, aged about 45 years, both Sons of Late Balki Sharma 9.

Vimla Devi @ Maso Vimla Devi, female, aged about 69 years, Wife of Late Renu Sharma 10.

Manish Sharma, male, aged about 43 years, Son of Late Pryag Sharma All Resident of Village - Patuaha, P.S.- Saharsa, District- Saharsa 11.

Narsing Sharma, male, aged about 84 years, 12.

Ramdeo Sharma, male, aged about 68 years, 13.

Jagdeo Sharma, male, aged about 67 years, 14.

Shibu Sharma, male, aged about 47 years, All Son of Daurik Sharma All Resident of Village - Gamhalia Tola, Hhara, P.S.- Saur Bazar, DistrictSaharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Aslam Ansari, Advocate For the State :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-02-2021 Heard Mr. Md. Aslam Ansari, learned counsel for the

Patna High Court CR. MISC. No.8967 of 2020 dt.17-02-2021 2/2 petitioners and Ms. Pronoti Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP) for the State.

2. The present application has been filed seeking recall of order dated 19.12.2019 in Cr. Misc. No. 79715 of 2019, which was dismissed due to non-prosecution.

3. Learned counsel for the petitioners submitted that the matter was running in the list and on 19.12.2019 due to inadvertence, nobody could appear leading to dismissal of the case.

4. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the application is allowed. Order dated 19.12.2019 passed in Cr. Misc. No. 79715 of 2019 is recalled and the said case stands restored to its original file and number.

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