Arjun Sahu @ Rajendra Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1638 of 2024 In CRIMINAL APPEAL (SJ) No.4304 of 2021 Arising Out of PS. Case No.-44 Year-2021 Thana- SC/ST District- Darbhanga ====================================================== ARJUN SAHU @ RAJENDRA SAHU S/O RAJENDRA SAHU @ ARJUN SAHU R/O VILLAGE- BHAWANIPUR, P.S- BIRAUL, DARBHANGA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baidya Nath Prasad, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

This restoration application has been filed for restoring Cr. Appeal (SJ) No.4304 of 2021 to its original file. 3.

Finding the ground taken by the petitioner in this restoration application sufficient for restoring the aforesaid appeal and in the interest of justice, this restoration application is, accordingly, allowed and Cr. Appeal (SJ) No.4304 of 2021 is restored to its original file.

4.

It is submitted by learned counsel for the petitioner that earlier the Cr. Appeal (SJ) No.4304 of 2021 was dismissed for default due to non-removal of the defect No.6 pointed out by the Office. In this regard, it is submitted that all the defects have

Patna High Court CR. MISC. No.1638 of 2024(2) dt.12-01-2024 2/2 been removed except defect no.6, which cannot be removed because informant himself wrongly mentioned the name of the appellant and name of his father, as such, the said defect may be ignored for the present.

5.

Prayer is allowed.

6.

Defect no.6 pointed out by the Office in Cr. Appeal (SJ) No.4304 of 2021 is hereby ignored.

7.

List the case under the heading "For Admission". (Anjani Kumar Sharan, J) pallavi/- U T