Maneger Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.396 of 2017 Arising Out of PS.Case No. -107 Year- 1993 Thana -MARHAURA District- SARAN ====================================================== Maneger Singh, Son of Late Ram Prit Singh, Resident of village - Mothaha ( Motha ), P.S. Marhaura, District - Saran, Chapra .... .... Appellant

Versus

1. The State of Bihar

2. Krishna Singh, Son of Kameshwar Singh,

3. Sunil Singh, Son of Kameshwar Singh,

4. Kameshwar Singh, Son of Late Brijnandan Singh,

5. Parmatma Singh, Son of Rameshwar Singh,

6. Anil Singh, Son of Kameshwar Singh,

7. Gaurishankar Singh, son of Viveka Singh,

8. Harendra Singh, Son of Viveka Singh, All are Residents of village - Mothaha ( Motha ), P.S. Marhaura, District - Saran, Chapra .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Jai Kishore Sharma, Adv. For the Respondent/s : Mr. Sri Mayanand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 05-07-2017 Sri Jai Kishore Sharma, learned counsel for the appellant, in presence of Sri Mayanand Jha, learned Addl. Public Prosecutor, again requests for granting time for filing petition for grant of leave.

Normally, we are not entertaining any appeal against acquittal in absence of petition for grant of leave under Section 378(3) of the Code of Criminal Procedure. However, on 20.06.2017 this court had granted indulgence to learned counsel

Patna High Court CR. APP (DB) No.396 of 2017 (4) dt.05-07-2017 2/2 for the appellant for filing petition for grant of leave, but till date same has not been filed and today again same prayer is being reiterated.

Accordingly, in absence of petition for grant of leave, the appeal against acquittal stands dismissed. (Rakesh Kumar, J) (Mohit Kumar Shah, J) NKS/- U T