Rajendra Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34875 of 2016 ======================================================

1. Rajendra Raut Son of Daso Raut Resident of Village- Indaut, P.S. Hilsa at Present resident of Village- Maranchi (Marachi) PS. Hilsa, District Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, 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-appellant has sought for restoration of Criminal Appeal (DB) No. 598 of 2016, which was dismissed for default on 01.07.2016.

Heard Mr. Rajeev Kumar, learned Counsel for the appellant-applicant, and Mr. Satyadev Prasad Singh, 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 01.07.2016 was for reasons beyond their control.

Patna High Court Cr.Misc. No.34875 of 2016 (2) dt.05-09-2016 2/2 In view of the above and in the interest of justice, the order, dated 01.07.2016 aforementioned, is hereby set aside and Criminal Appeal (DB) No. 598 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