Dharmvir Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37738 of 2016 ======================================================

1. Dharmvir Yadav son of Late Yaddu Yadav, resident of Village- Rampur Bigha, P.S. Bind, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Arun Yadav son of Ramadhin Yadav

3. Anandi Yadav son of Ramadhin Yadav both 2 and 3 resident of VillageRampur Bigha. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Chandra, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, 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 has sought for restoration of Criminal Appeal (DB) No. 194 of 2016, which was dismissed for default on 25.07.2016. Heard Mr. Anil Chandra, learned Counsel for the appellant-applicant, and 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 appellant-applicant and/or his counsel from the Court on 25.07.2016 was for reasons beyond their control.

Patna High Court Cr.Misc. No.37738 of 2016 (2) dt.05-09-2016 2/2 In view of the above and in the interest of justice, the order, dated 25.07.2016 aforementioned, is hereby set aside and Criminal Appeal (DB) No. 194 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