Upendra Singh And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13508 of 2015 ======================================================

1. Upendra Singh Son of Late Laljeet Singh

2. Sandeep @ Sanjeev Son of Upendra Singh

3. Vijay Singh Son of Shiv Balak Singh

4. Dhananjay Singh @ Dhananjay Son of Shiv Balak Singh

5. Gopal Son of Sushil Singh All residents of Village : Belchhi, P.S. : - Karande, District : Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nagendra Kumar Son of Yogendra Singh Resident of Village Dhanpur, P.S. - Kashichak, District - Nawada. At present at Baleshwar Lodge, Barbigha, Sheikhpura.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Syed. Rizwanul Haque For the Opposite Party/s : Ms. Veena Kumari Jaiswal(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 29-04-2015 By making this miscellaneous application, the petitioners have sought for restoration of Cr.Misc.No. 27526 of 2014, which was dismissed for default on 13.03.2015. Heard Mr. S.Rizwanul Haque, learned counsel for the petitioners and Ms. V.K.Jaiswal, learned Additional Public Prosecutor, appearing on behalf of the State. Having considered the averments made in the application and having heard the learned counsel for the petitioners, I am satisfied that the absence of the petitioners and/or their counsel from the Court, on 13.03.2015, was for reasons beyond their control.

In view of the above and in the interest of justice, the

Patna High Court Cr.Misc. No.13508 of 2015 (2) dt.29-04-2015 restoration application is allowed and Cr.Misc. No. 27526 of 2014, aforementioned is hereby restored to its original file. This Miscellaneous Case shall, accordingly, stand disposed of.

(I. A. Ansari, J) A.I./- U