IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.602 of 2010 BRAHMESHWAR PAL Versus STATE OF BIHAR & ORS. ----------- 3 25.10.2010 Heard learned counsel for the petitioner and learned counsel for the state. The Letters Patent Appeal No. 270 of 2008 was dismissed by the Division Bench on 19th August, 2008 in following terms: “ On 2nd July, 2008, the matter was adjourned at the instance of the appellant. Then again on 24th July, 2008, the matter was adjourned at the instance of the appellant. Neither the appellant nor his counsel is present today.” A plea has been taken in this restoration application that the advocate concerned i.e. Mr. Sanjay Kumar thought that the matter was not likely to be taken up and, therefore, he had gone to his village home for treatment of his wife. Further plea is that some cases listed above the said Letters Patent Appeal were adjourned and then thereafter, the case was taken up. As appears from the order dated 19th August, 2008, counsel for the appellant had twice taken adjournment and then he absented when the matter was taken up on the third day. The order further shows that the counsel for the state was present which indicates that the case was called out in usual course. 2 The explanation for non-appearance does not appear to be convincing. This restoration application is therefore dismissed. AKV/- (Shiva Kirti Singh,J.) ( Hemant Kumar Srivastava,J.)