Prakash Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62316 of 2017 ====================================================== Prakash Kumar Jha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Kumar Jha For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2017 By way of present application, petitioner seeks restoration of Cr. Appeal (SJ). No. 2117 of 2017, which was dismissed for non compliance of order dated 16.10.2017.

It has been submitted by learned counsel for the petitioner that due to reasons beyond his control, the defect could not be removed within the stipulated time and prayed that Cr. Appeal (SJ). No. 2117 of 2017 be restored to its original file. In view of the submission of learned counsel for the petitioner as well as in view of the averments made in restoration and also in view of the reasons mentioned in the restoration application, this application is allowed and Cr. Appeal (SJ). No. 2117 of 2017 is restored to its original file. Further three weeks time is allowed to the petitioner to remove the defect failing, which his application shall stand rejected without further reference to a Bench. (Vinod Kumar Sinha, J) sunil/- U