Patna High CourtCR. MISC./37723/2016allowed

Ashok Kumar v. The State Of Bihar And ORS

2016-09-05Mr. Justice Chakradhari Sharan Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37723 of 2016 ======================================================

1. Ashok Kumar son of Late Ram Babu Singh, resident of Badbuchak, P.S.- Fatuha, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramdeo Singh son of late Gulab Chand Singh

3. Sidheshwar Singh son of late Udit Singh

4. Indradeo Singh son of late Udit Singh

5. Ganga Singh son of late Ram Awatar Singh

6. Vijay Singh son of late Ram Awatar Singh

7. Raju Singh son of Ramdeo Singh All are resident of Village- Budhu Chak, P.S.- Fatuha, District- Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Sinha, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, 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. 507 of 2016, which was dismissed for default on 28.06.2016.

Heard Mr. Sanjeev Kumar Sinha, 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,

Patna High Court Cr.Misc. No.37723 of 2016 (2) dt.05-09-2016 2/2 we are satisfied that the absence of the appellant-applicant and/or his counsel from the Court on 28.06.2016 was for reasons beyond their control.

In view of the above and in the interest of justice, the order, dated 28.06.2016 aforementioned, is hereby set aside and Criminal Appeal (DB) No. 507 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