IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15339 of 2009 MD. SHABBIR @ MD. SHABBIR ALAM S/O MD. AMIRUDDIN R/O VILL. SARSAULA, P.O, P.S & DIST. SHEOHAR. ----- PETITIONER Versus STATE OF BIHAR ---- OPP. PARTY. ----------- 2 20.04.2009 Petitioner seeks restoration of Cr. Misc. No. 34141 of 2008 by recalling the order dated 06.04.2009. The order dated 06.04.2009 reads thus: “Nobody appears on call. It appears that earlier the matter was dismissed as nobody had appeared to press the application. However, the application was restored. As nobody has appeared on call, this court has no option but to dismiss this application for default. Accordingly, this application is dismissed for default.” It further appears that earlier also this application was dismissed for non-prosecution. Having regard to the facts appearing from the record, this court is not satisfied that a case for restoration is made out. Accordingly, the application seeking restoration is dismissed. Sym/ (Kishore K. Mandal, J.)