Bhairab Nath Choudhary v. State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

SECOND APPEAL No.519 of 1991 ====================================================== Bhairab Nath Choudhary Son of Late Sudhakar Choudhary Resident of Village-Pothia, Police Station-Sanhaula, District-Bhagalpur. ... ... Appellant/s

Versus

1.

State of Bihar, through the Collector, Bhagalpur, 2.

Bijoy Krishna Thakur Son of Ganesh Thakur Resident of Village-Sarbhanga, Police Station-Mahgama, District-Bhagalpur.

3.

Sudhansu Kumar Choudhary Son of Digambar Kumar Choudhary, Resident of Village-Pothia, Police Station-Sanhaula, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ranjit Sahay, Advocate For the Respondent/s :

Mr. Prameshwar Pd.Harisan, Advocate For the Respondent No.3:

Mr. Dhirendra Nath Jha, Advocate Mr. R.K. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-10-2022 A supplementary affidavit on behalf of the respondent no.3 has been filed informing that the sole appellant, Bhairab Nath Choudhary has already died on 11.01.2016 and in this regard, he has filed the copy of death certificate. Learned counsel for the respondent no.3 submits that he has already informed about the death of the sole appellant which is reflected in order dated 16.12.2021 but substitution petition has not been filed in this regard and no one is appearing on behalf of the appellant.

Despite repeated call, no one appears on behalf of appellant.

Patna High Court SA No.519 of 1991(16) dt.17-10-2022 2/2 It appears from the record that despite given sufficient opportunities, no one is appearing on behalf of the appellant which also reflects from the orders dated 13.12.2019, 16.12.2021, 23.06.2022, 04.08.2022 & 30.08.2022. Accordingly, this Second Appeal is dismissed for nonprosecution. kamlesh/- (Sunil Dutta Mishra, J) U