Patna High CourtCR. MISC./8058/2023partly allowed disposal

Md. Rafik Ansari @ Rafik Ansari @ Lolla v. The State Of Bihar

2023-03-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8058 of 2023 In CRIMINAL APPEAL (SJ) No.4604 of 2021 Arising Out of PS. Case No.-156 Year-2021 Thana- MOKAMAH District- Patna ====================================================== 1.

MD. RAFIK ANSARI @ RAFIK ANSARI @ LOLLA SON OF MD. SILAJUDDIN R/O VILLAGE- CHANDWARI, WARD NO.4, P.S.- MOKAMA, DISTRICT- PATNA 2.

SAHIL @ MD SAHIL ANSARI @ BANDRA SON OF KALLU ANSARI R/O VILLAGE- CHANDWARI, WARD NO.4, P.S.- MOKAMA, DISTRICT- PATNA 3.

MAHTAB ANSARI @ MAHTAB ALAM SON OF SARFAROZ ALAM R/O VILLAGE- CHANDWARI, WARD NO.4, P.S.- MOKAMA, DISTRICT- PATNA 4.

MUMTAZ ANSARI SON OF HIRA ANSARI R/O VILLAGECHANDWARI, WARD NO.4, P.S.- MOKAMA, DISTRICT- PATNA ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-03-2023 At the very outset, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner nos.1 & 2 submitting that during pendency of this restoration application, petitioner nos.1 & 2 have already been apprehended by the police.

Permission is accorded.

Accordingly, this application is dismissed as withdrawn with regard to petitioner nos.1 & 2 only.

Patna High Court CR. MISC. No.8058 of 2023(3) dt.15-03-2023 2/2 Now, this application survives for petitioner nos.3 and 4.

Heard learned counsel for the petitioners and learned APP for the State.

This application has been filed for restoration of Cr. Appeal (SJ) No.4604 of 2021, which stood dismissed for nonprosecution due to non-appearance of learned counsel for the petitioners.

On being satisfied with the reasons mentioned in this application, explaining omission on the part of learned counsel for the the petitioners, Cr. Appeal (SJ) No.4604 of 2021 is restored to its original file.

Accordingly, this restoration application is allowed. (Anjani Kumar Sharan, J) Trivedi/- U