Patna High CourtCR. MISC./37560/2016allowed

Bharat Singh v. The State Of Bihar And ORS

2016-09-05Mr. Justice Chakradhari Sharan Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37560 of 2016 ======================================================

1. Bharat Singh Son of late Ishwari Singh Resident of Village- Ghatmapur, P.S. Sasaram (Mufassil), District Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Gauri Shankar Singh Son of late Ishwari Singh

3. Bahadur Singh Son of Motilal Singh

4. Dinanath Singh Son of late Ishwari Singh

5. Vyas Singh Son of late Jamindar Singh

6. Jai Gobind Singh Son of Dinanath Singh

7. Mithlesh Kumar Singh Son of Gauri Shankar Singh

8. Santosh Kumar Singh Son of Gauri Shankar Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surender Prasad Singh, Advocate For the Opposite Party/s : Mr. Bipin Kumar, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-09-2016 By making this Criminal Miscellaneous Application, the appellant-applicant has sought for restoration of Criminal Appeal (DB) No. 512 of 2016, which was dismissed for default on 28.06.2016.

Heard Mr. Surendra Prasad Singh, learned Counsel for the appellant-applicant, and Mr. Bipin Kumar, learned Additional Public Prosecutor for the State.

Having considered the averments made in the application and having heard the learned counsel for the parties,

Patna High Court Cr.Misc. No.37560 of 2016 (2) dt.05-09-2016 2/2 we are satisfied that the absence of the appellant-applicant and/or his counsel from the Court on 28.06.2016 was for reasons beyond their control.

In view of the above and in the interest of justice, the order, dated 28.06.2016 aforementioned, is hereby set aside and Criminal Appeal (DB) No. 512 of 2016 aforementioned is hereby restored to its original file.

This Criminal Miscellaneous Application shall accordingly stand disposed of.

(I.A. Ansari,CJ) (Chakradhari Sharan Singh, J) K.C.jha/- U