Chulbul @ Arbaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17010 of 2023 In CRIMINAL APPEAL (SJ) No.503 of 2022 Arising Out of PS. Case No.-139 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== CHULBUL @ ARBAZ Son Of Late Chand Miya Resident Of Marwari Mohalla P.S. Gopalganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar No. 3 APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-03-2023 Heard learned counsel for the parties.

The instant criminal miscellaneous petition has been filed with a prayer to restore Cr. APP (SJ)-503 of 2022 and recall the order dated 06.02.2023 by which the privilege of bail of the appellant was vacated due to non-prosecution. It is submitted by learned counsel for the petitioner{appellant of Cr. APP (SJ)-503 of 2022} that the appellant's appeal Cr. APP (SJ)-503 of 2022 was dismissed on 06.02.2023 by this Court on account of non-prosecution and on that date the petitioner/appellant could not appear in his case in which there was no intentional latches on his part and on account of that order the petitioner/appellant has suffered a lot.

Patna High Court CR. MISC. No.17010 of 2023(2) dt.22-03-2023 2/2 In view of the above-mentioned submissions as well as considering the averments made in the instant petition, the order dated 06.02.2023 passed in Cr. APP (SJ)-503 of 2022 is hereby recalled and the appellant's appeal i.e Cr. APP (SJ)-503 of 2022 is directed to be restored in its original position. Accordingly, the instant criminal miscellaneous petition stands allowed.

(Shailendra Singh, J.) maynaz/- U T