Bigu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27381 of 2016 Arising out of Criminal Miscellaneous No.4812 of 2015 ====================================================== Bigu Ram, S/o Sita Ram, Resident of Village- Dulama Tola- Gosaipur, P.S.- Madhuban, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 07-09-2016 Heard learned counsel for the parties.

The present application has been filed seeking recall of the order dated 18.05.2016 by which Cr. Misc. No. 4812 of 2015 had been dismissed.

Learned counsel for the petitioner submits that due to engagement in another case in another court, by the time he reached this Court, order has already been passed and, thus, he has filed the application for restoration of the same and prays that there is no deliberate laches on his part and his conduct may be condoned and Cr.Misc. No. 4812 of 2015 be restored. Learned A.P.P. does not oppose.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, this Court finds that sufficient cause has been shown by learned counsel for

Patna High Court Cr.Misc. No.27381 of 2016 (2) dt.07-09-2016 2/2 the petitioner not having appeared on 18.05.2016 when Cr.Misc. No. 4812 of 2015 was called out and dismissed for nonprosecution. Accordingly, the application stands allowed. Cr. Misc. No. 4812 of 2015 stands restored to its original file and number.

(Ahsanuddin Amanullah, J) Sujit/- U