IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2777 of 2011 MOHD. TASLIM @ TIPU @ CHAND BABU Versus THE STATE OF BIHAR 2 02.02.2011 Heard both sides. Present application has been filed seeking restoration of Cr. Rev. No. 1026 of 2010 by recalling the order dated 15.11.2010 which reads as under: “No body has appeared on call to press this application. However, State is represented. On 04.11.2010, the following order was passed. “ No body appears on behalf of the petitioner to press this application. Instead of dismissing this application for default, this Court grants one more opportunity. List this case after one week.” In the circumstances, this Court is left with no option but to dismiss the application for default. I order accordingly.“ Learned counsel for the petitioner submits that on 15.11.2010, he could not appear because of fact that he was down with fever. There is no explanation with regard to non- appearance on 4.11.2010. This Court does not find any merit in the application. It is accordingly dismissed. This will, however, not preclude the petitioner from filing a fresh application, if so advised. pkj (Kishore K. Mandal, J)