IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40071 of 2010 DASHRATH SHARMA S/O- LATE RUP LAL SHARMA R/O- VILLAGE KERAIE GONDA, P.S.- BHIBUTIPUR, DISTT. SAMASTIPUR Versus THE STATE OF BIHAR ----------- 2 03.11.2010 This application has been preferred for recall of order dated 27.8.2010 passed in Cr. Rev. no. 336 of 2010. By the aforesaid order, 10 days peremptory time was granted to remove the defects as pointed out by the office. Petitioner had filed a revision application aggrieved by the appellate order maintaining the conviction but he had not surrendered. Learned counsel for the petitioner submits that the petitioner is now in custody as would appear from the order dated 25.9.2010 (Annexure-2). For the reasons disclosed in the application and submissions made in support thereof, the same is allowed. Cr Rev. no. 336/2010 is restored to its original file. pkj ( Kishore K. Mandal, J. )