Vikash Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31647 of 2023 In CRIMINAL APPEAL (DB) No.645 of 2018 Arising Out of PS. Case No.-113 Year-2014 Thana- WAJIRGANJ District- Gaya ====================================================== Vikash Mistry Son Of Shivan Mistry Resident Of Village- Kari, PsWazirganj, Distt- Gaya ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Priya Ranjan, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 01-12-2023 This restoration application has been filed for restoration of Cr. Appeal No. 645 of 2018 (D.B.) which stood dismissed for non-compliance of the order dated 03.05.2019.

2. It is submitted that Cr. Appeal No. 645 of 2018 (D.B.) stood dismissed due to non-removal of one of the defects pointed out by the Office. It is submitted that Cr. Appeal No. 311 of 2017 (S.J.) was an appeal for bail during trial, however, the present appeal is against conviction. It is further submitted that after conviction in the trial Cr. Appeal No. 311 of 2017 (S.J.) for bail during trial filed by another set of lawyer has become infructuous and it could not be withdrawn.

Patna High Court CR. MISC. No.31647 of 2023(2) dt.01-12-2023 2/2

3. Learned counsel submits that other defects pointed out by the office have already been removed.

4. Considering the submissions aforesaid, Cr. Appeal (DB) No. 645 of 2018 is restored to its original file and number subject to the compliance of the order dated 03.05.2019 in the said application within a period of two weeks.

5. The restoration application stands disposed of. (Rajeev Ranjan Prasad, J) ( Partha Sarthy, J) Rishi/- U T