Akhilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2063 of 2017 ====================================================== Akhilesh Singh, son of Late Parmanand Singh, resident of VillageBasiyawan, P.S.- Pipra, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-02-2017 Heard both sides.

Fixing responsibility upon himself, the petitioner has filed the present application for recall of the order dated 24.06.2015 passed in Cr. Misc. No. 26579 of 2015, insofar as the petitioner no.5 Akhilesh Singh is concerned. It is stated that only petitioner nos. 1 to 4 had surrendered in the court. A wrong submission was made which resulted in passing of the said order dated 24.06.2015 in respect of all the petitioners. Counsel for the petitioner placed the relevant fact in respect of the petitioner no.5. Delay in filing the application has also been explained as the investigation continued for sometime inasmuch as he was not even sent up by the Investigating Officer.

Be that as it may, considering the facts and

Patna High Court Cr.Misc. No.2063 of 2017 (2) dt.15-02-2017 2/2 circumstances of the case as well as keeping in view the interest of justice, the order dated 24.06.2015 is recalled insofar as the petitioner no.5 is concerned. The application (Cr. Misc. No. 26579 of 2015) shall now be placed for consideration of the case of petitioner no.5 namely Akhilesh Singh.

(Kishore Kumar Mandal, J) HR/- U T