Abhishek Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37015 of 2016 ======================================================

1. Abhishek Singh, son of Shekhar Singh,

2. Shekhar Singh @ Chandrashekhar Singh, son of Shankar Dayal Singh, Both residents of Kathar, P.S: Brahampur (Krishna Braham), District: Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, 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 appellants-applicant has sought for restoration of Criminal Appeal (DB) No. 620 of 2016, which was dismissed for default on 05.07.2016.

Heard Mr. Satyendra Narayan Singh, learned Counsel for the appellants-applicants, and Mr. Lakshmi Kant Sharma, 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 appellants-applicants and/or his counsel from the Court on 05.07.2016 was for reasons

Patna High Court Cr.Misc. No.37015 of 2016 (2) dt.05-09-2016 2/2 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 Criminal Appeal (DB) No. 620 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