Kaushar Alam @ Md. Kaushar @ Md. ... vs The State Of Bihar
2021 Latest Caselaw 757 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 27047 of 2019
                               Arising out of
                  CRIMINAL MISCELLANEOUS No. 48473 of 2014
      Arising Out of PS. Case No.-181 Year-2012 Thana- SAHAYAK NAGAR District- Katihar
     ======================================================

1. Kaushar Alam @ Md. Kaushar @ Md. Kaushar Alam, Male aged about 45 years, Son of Abdul Rashid.

2. Md. Iliyas, Male, aged about 42 years, Son of Muzaffar Ali, Both Resident of Village - Durgapur, PS- Barari, District- Katihar.

3. Md. Rezaul @ Md. Rizaul, Male aged about 44 years, Son of Late Abdul Mannan, Resident of Village - Bani Kol, PS- Barari, District - Katihar.

... ... Petitioner/s Versus

1. The State of Bihar

2. Dr. Naresh Jha, Son of Late Yadunath Jha, Resident of Mohalla - Lal Kothi Road, PS- Town Katihar, District - Katihar.

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

     For the Petitioner/s   :        Mr. Jibendra Mishra, Advocate
     For the State          :        Ms. Pushpa Sinha, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Jibendra Mishra, learned counsel for the

petitioners and Ms. Pushpa Sinha, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioners have moved the Court for recall of

order dated 05.03.2019 by which Cr. Misc. No. 48473 of 2014,

was dismissed due to non-appearance of learned counsel for the

petitioners.

Patna High Court CR. MISC. No.27047 of 2019 dt.08-02-2021

4. Learned counsel for the petitioners submitted that on

05.03.2019, on personal ground, he had to leave the Court and had

requested his colleague to pray for adjournment but unfortunately,

the same could not be done resulting in dismissal of the case.

5. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds that sufficient cause has been shown by learned counsel for

the petitioners for not having appeared before the Court on

05.03.2019 leading to dismissal of Cr. Misc. No. 48473 of 2014.

6. In view thereof, the application is allowed.

7. The order dated 05.03.2019, passed in Cr. Misc. No.

48473 of 2014, is recalled and the said case stands restored to its

original file and number.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T