Surendra Prasad Mishar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37573 of 2016 ====================================================== SURENDRA PRASAD MISHAR .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Suhawan Singh, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Jaiswal, 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 appellant has sought for restoration of Criminal Appeal (DB) No. 633 of 2016, which was dismissed for default on 05.07.2016. Heard Mr. Ram Suhawan Singh, learned Counsel for the appellant-applicant, and 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 appellant-applicant and/or his counsel from the Court on 05.07.2016 was for reasons 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

Patna High Court Cr.Misc. No.37573 of 2016 (2) dt.05-09-2016 2/2 Criminal Appeal (DB) No. 633 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