High Court disposed of two criminal appeals. One appeal abated due to death of one appellant; another abated due to death of sole appellant. Time granted for recalling an order in the first appeal.
Appeal in Cr. App No. 344 abated; time allowed to recall order in Cr. App No. 335; appeal in Cr. App No. 335 abated partially.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.335 of 1995
======================================================
All residents of village-Lalpokhar Dighi (Jagdishpur), P.S. Sadar, Hajipur, District-Vaishali.
... ... Appellants
Versus
The State of Bihar
... ... Respondent
======================================================
with CRIMINAL APPEAL (DB) No. 344 of 1995
======================================================
Uday Shankar Nirala, S/o Shri Shiv Chandra Rai, r/o village-Lalpokhar Dighi (Jagdishpur), P.S. Hajipur Sadar, Distt. Vaishali
... ... Appellant
Versus
The State of Bihar
... ... Respondent
Appearance : (In CRIMINAL APPEAL (DB) No. 335 of 1995) For the Appellant/s : Mr.Abhay Prakash Sahay Mr. Aditya Prakash Sahay Mr. Harshit Guyaghey, Advocates For the Respondent/s : Mr.Dilip Kumar Sinha (In CRIMINAL APPEAL (DB) No. 344 of 1995) For the Appellant/s : Mr.Abhay Prakash Sahay For the Respondent/s : Mr. Shyam S. Singh Satyam Mr. Satya Narayan Prasad, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
4 20-06-2022 In pursuance of the order dated 25-02-2022 passed
by a coordinate bench of this court, a report has been submitted
by the Superintendent of Police, Vaishali at Hajipur which is at
Patna High Court CR. APP (DB) No.335 of 1995(4) dt.20-06-2022 2/3
Flag ‘X’ to the present Memo of Appeal.
Re: Cr. Appeal No. 335 of 1995
Out of four appellants, the appellant No. 4 Kishun Rai
is said to be dead. Hence the appeal with regard to appellant No. 4 (Cr. Appeal No. 335 of 1995) stands abated.
So far as the rest three appellants namely, Harendra Rai, Abhay Shankar Nirala and Jagannath Rai are concerned, one week’s time is allowed to the counsel for the appellants to file interlocutory application for recalling the order dated 25-022022 by which, non-bailable warrant of arrest has been issued against the above-said three appellants on account of nonappearance of the counsel for the appellants.
List Cr. Appeal (DB) No. 335 of 1995 on 04-07-2022 under appropriate heading.
Re: Cr. Appeal (DB) No. 344 of 1995
It has been reported that the sole appellant of Cr. Appeal (DB) ) No. 344 of 1995, namely, Uday Shankar Nirala, has died.
Considering the aforesaid fact that the sole appellant namely, Uday Shankar Nirala, S/o Shri Shiv Chandra Rai, r/o village-Lalpokhar Dighi (Jagdishpur), P.S. Hajipur Sadar, Distt. Vaishali of Cr. Appeal (DB) No. 344 of 1995 is dead, the present
Patna High Court CR. APP (DB) No.335 of 1995(4) dt.20-06-2022 3/3
appeal stands abated.
The appeal is consigned to records.
(Sudhir Singh, J)
( Chandra Prakash Singh, J)
A.K.V.//- U T
Harendra Rai
Abhay Shankar Nirala
Jagarnath Rai
Kishun Rai
Uday Shankar Nirala
The State of Bihar
Sudhir Singh
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
