Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15851 of 2020 In CRIMINAL APPEAL (SJ) No.4547 of 2019 Arising Out of PS. Case No.-196 Year-2019 Thana- KHAJEKALA District- Patna ====================================================== DEEPAK KUMAR Son of Shri Bhikhari Thakur Resident of Village and Post - Dhangai, P.S.- Bikramganj, District - Rohtas (Bihar), Present address and Clerk, Guru Govind Singh Hospital, Patna City, Patna, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Prasad Singh For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

This application is for restoration of Cr. Appeal (SJ) No. 4547 of 2019 which was dismissed for non-prosecution on 24.02.2020 as no one had appeared on behalf of the appellant. Submission is that the list could not be marked due to inadvertence, hence no one appeared on behalf of the appellant. Hence, for substantial justice, dismissal of Cr. Appeal (SJ) No. 4547 of 2019 is hereby set aside and Cr. Appeal (SJ) No. 4547 of 2019 is restored to its original file. Accordingly, this application stands allowed. (Birendra Kumar, J) mantreshwar/- U