Surendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45755 of 2015 ======================================================

1. Surendra Mishra @ Surendra Kumar Mishra, son of Mahesh Mishra, resident of village- Rudrapur, Police Station Andhra Thadhi, District Madhubani, at Present Residing at Street No. 136/K, Hospital Road, Police Station Uttarpara, District Hugli (West Bengal). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate. For the Opposite Party/s : Mr. Anish Chandra(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 14-10-2015 By making this Misc. application, the applicant has sought for restoration of Cr. Misc. No.8194 of 2015, which was dismissed for default on 02.07.2015. Heard Mr. Bimal Kumar, learned counsel for the petitioner, and Mr. Anish Chandra, learned counsel for the opposite party.

Having considered the averments made in the application and having heard learned counsel for the parties, we are satisfied that the absence of the petitioner and/or his counsel from the Court on 02.07.2015 was for reasons beyond their control.

In view of the above and in the interest of justice, the order, dated 02.07.2015 aforementioned, is hereby set aside and Cr.

Misc.

No.8194 of

Patna High Court Cr.Misc. No.45755 of 2015 (2) dt.14-10-2015 2/2 aforementioned is hereby restored to its original file. This Misc. Case shall accordingly stand disposed of.

(I.A. Ansari, ACJ.) Mkr./- U T