Arvind Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52366 of 2015 ====================================================== Arvind Kumar, Son of Ram Udar Yadav, Resident of Village - Barahi Under Itawa Shio Nagar Gram Panchayat, Police Station - Biraul, District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bikau Manjhi

3. Srichan Manjhi

4. Laxmi Manjhi All Nos. 2 to 4 are Sons of Bangali Manjhi, Resident of Village - Itawa, Shivo Nagar, Tole - Barahi, Police Station - Biroul, District - Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s : Mr. S.N.Prasad (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 27-11-2015 By making this application, the petitioner has sought for restoration of Cr. Appeal (DB) No.728 of 2015, which was dismissed for default on 08.10.2015.

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 08.10.2015 was for reasons beyond his control.

In view of the above and in the interest of justice, the order, dated 08.10.2015, aforementioned is hereby set aside

Patna High Court Cr.Misc. No.52366 of 2015 (2) dt.27-11-2015 2/2 and Cr. Appeal (DB) No.728 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) (Chakradhari Sharan Singh, J) Sunil/- U