Bechan Das vs The State Of Bihar
2021 Latest Caselaw 508 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.45191 of 2019
                               Arising out of
                  CRIMINAL MISCELLANEOUS No.48951 of 2014
      Arising Out of PS. Case No.-1066 Year-2010 Thana- SAMASTIPUR COMPLAINT CASE
                                        District- Samastipur
     ======================================================

Bechan Das, aged 35 years (Male), son of late Brihaspati Das @ Virashpati Das, resident of village - Kaina, P.S.- Singhia, Distt - Samastipur.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Baby Devi, wife of Bechan Das, D/o Gyani Das, resident of village -

Kameshwar Nagar, P.S.- Hathauri, P.S.- Shivajee Nagar, Distt - Samastipur.

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

For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the State : Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-01-2021

Heard Mr. Vinay Kumar Mishra, learned counsel for

the petitioner and Mr. Md. Iftekhar Mahmood, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP) for the State.

2. The present application has been filed seeking

recall of order dated 06.03.2019 by which Cr. Misc. No. 48951

of 2014 was dismissed due to non-appearance of learned

counsel for the petitioner.

3. Learned counsel for the petitioner submitted that he

was ill and, so, he could not appear.

Patna High Court CR. MISC. No.45191 of 2019 dt.30-01-2021

4. 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 for non-

appearance of learned counsel for the petitioner on 06.03.2019

in Cr. Misc. No. 48951 of 2014, which stood dismissed on

account of his non-appearance.

5. Accordingly, the order dated 06.03.2019 in Cr.

Misc. No. 48951 of 2014 is hereby recalled. The said case

stands restored to its original file and number.

6. The application stands allowed.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T