Gyani Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51735 of 2015 ====================================================== Gyani Mahto, son of late Arjun Mahto, Resident of Village- Bairagi tola Bakhari, Police Station- Kalyanpur District East Champaran at Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. Uday Chandra Pd. (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 04-11-2015 By making this application, the petitioner has sought for restoration of Cr. Misc. No.45401 of 2015, which was dismissed for default on 30.09.2015.

Having considered the averments made in the application and having heard learned counsel for the parties, this Court is satisfied that the absence of the learned counsel for the petitioner from the Court on 30.09.2015 was for reasons beyond his control.

In view of the above and in the interest of justice, the order, dated 30.09.2015, aforementioned is hereby set aside and Cr. Misc. No.45401 of 2015 is hereby restored to its original file.

In terms of the above directions and observations, this application stands disposed of.

(I.A. Ansari, ACJ) Sunil/- U