Patna High CourtCR. MISC./13205/2023allowed

Raju Alam v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13205 of 2023 In CRIMINAL APPEAL (SJ) No.2717 of 2022 Arising Out of PS. Case No.-147 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

RAJU ALAM Son of Qamruddin Ansari R/V- Safiganji P.S- Warsaliganj, Dist- Nawada 2.

Shamsher Alam Son of Qamruddin Ansari R/V- Safiganji P.S- Warsaliganj, Dist- Nawada 3.

Firoz Alam Son of Riyassat Ansari R/V- Safiganji P.S- Warsaliganj, DistNawada 4.

Raquib Alam Son of Riyassat Ansari R/V- Safiganji P.S- Warsaliganj, DistNawada ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mrs. Usha Kumari 1 ====================================================== 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.3 & 4 submitting that during pendency of this restoration application, petitioner nos.3 & 4 have already been apprehended by the police.

Permission is accorded.

Accordingly, this application is dismissed as withdrawn with regard to petitioner nos.3 & 4 only. Now, this application survives for petitioner nos.1 and 2.

Patna High Court CR. MISC. No.13205 of 2023(2) dt.15-03-2023 2/2 Heard learned counsel for the petitioners and learned APP for the State.

This application has been filed for restoration of Cr. Appeal (SJ) No.2717 of 2022, 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.2717 of 2022 is restored to its original file.

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