Surendra Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35629 of 2017 ======================================================

1. Surendra Kumar Son of Nand Kishore Kumar.

2. Nand Kishore Kumar @ Kishore Prasad, Son of Tilakdeo Prasad Singh, Both resident of West Income Tax Colony, P.S Agamkuan Bhutnath Road, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-08-2017 By making this Cr. Misc. application, the petitioners have sought for restoration of Cr. Misc. No.52230 of 2016, which was dismissed for default on 12.07.2017.

Heard learned counsel for the petitioners and learned Additional Public Prosecution for the State.

Having considered the averments made in the application and having heard learned counsel for the parties, I am satisfied that the absence of the petitioners and/or his counsel from the Court on 12.07.2017 was for the reasons beyond their control.

In view of the above and in the interest of justice, the order, dated 12.07.2017, is hereby set aside and Cr. Misc.

Patna High Court Cr.Misc. No.35629 of 2017 (2) dt.02-08-2017 2/2 No.52230 of 2016 is hereby restored to its original file. Accordingly, this application stands disposed of. (Birendra Kumar, J) Mkr./- U T