Guddu Yadav @ Guddu Singh @ Raj Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30625 of 2016 ====================================================== Guddu Yadav @ Guddu Singh @ Raj Narayan Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 28-07-2016 By making this Misc. application, the applicant has sought for restoration of Cr. Appeal (DB) No. 624 of 2016, which was dismissed for default on 05.07.2016. Heard Mr. Tribhuwan Narayan, learned Counsel for the appellant-applicant, and Mr. Ataur Rahman, learned Additional Public Prosecutor for the State.

Having considered the averments made in the application and having heard the learned counsel for the parties, we are satisfied that the absence of the applicant and/or his counsel from the Court on 05.07.2016 was for reasons beyond their control.

In view of the above and in the interest of justice, the order, dated 05.07.2016 aforementioned, is hereby set aside and Cr. Appeal (DB) No. 624 of 2016

Patna High Court Cr.Misc. No.30625 of 2016 (2) dt.28-07-2016 2/2 aforementioned is hereby restored to its original file. This Misc. Case shall accordingly stand disposed of.

As has been sought for on behalf of the appellant, one week's time is allowed to remove the defects, as pointed out by the Registry, in Cr. Appeal (DB) No.624 of 2016.

If the defects are removed within the time aforementioned, the appeal shall be listed under the heading 'For Admission' or else the appeal should be listed under the heading 'For Orders'.

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