DEO BHARAT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This restoration application has been filed for restoration of Cr. Misc. No.46203 of 2016 to its original file which stood dismissed on 04.02.2017 for non-compliance of the peremptory order dated 28.01.2017. Aforesaid Cr. Misc. Application was filed on behalf of the petitioner for grant of anticipatory bail in Sanjhauli P.S. Case No.11 of 2016 pending in the Court of Sub Judge 1st -cum- Additional Chief Judicial Magistrate, Vikramganj, Rohtas.

(2.) Counsel for the petitioner has submitted that if the aforesaid application is not restored, there will be irreparable loss to the petitioner. There was no deliberate latches on the part of the petitioner.

(3.) Learned counsel for the State has, however, submitted that there is no provision in the Code of Criminal Procedure for restoration of a case. Moreover, this case has not been dismissed in default, rather, the same stood dismissed for noncompliance of the Court's order.