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Patna High CourtCR. APP (DB)/264/1996abated

Indra Narayan Yadav v. State Of Bihar

2023-03-14Mr. Justice Chandra Prakash Singh,Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.264 of 1996 ====================================================== Indra Narayan Yadav, Son of Late Bhadeshwar Yadav, resident of VillageBhachhi, Police Station-Baheri, District-Darbhanga. ... ... Appellant

Versus

The State of Bihar ... ... Respondent ====================================================== with CRIMINAL APPEAL (DB) No. 365 of 1996 ====================================================== Chani Yadav @ Chani Prasad Yadav, Son of Siya Ram Yadav, resident of Village-Bhachhi, Police Station-Baheri, District-Darbhanga. ... ... Appellant

Versus

The State Of Bihar ... ... Respondent ====================================================== Appearance :

(In CRIMINAL APPEAL (DB) No. 264 of 1996) For the Appellant :

Mr. Ajay Kumar Thakur, Advocate For the Respondent :

Mr. Bipin Kumar, A.P.P.

(In CRIMINAL APPEAL (DB) No. 365 of 1996) For the Appellant :

Mr. Ajay Kumar Thakur, Advocate For the Respondent :

Mr. Bipin Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 14-03-2023 Heard learned counsel for the appellants and

Patna High Court CR. APP (DB) No.264 of 1996(5) dt.14-03-2023 2/3 learned A.P.P. for the State.

By order dated 07.02.2023, a report was called for from the Senior Superintendent of Police, Darbhanga, in respect of all the appellants in connection with Sessions Trial No. 342 of 1993, arising out of Baheri P.S. Case No. 55 of 1993, within a period of four weeks, as to whether the appellants are alive or dead.

A report of the Senior Superintendent of Police, Darbhanga, vide its Memo No. 120/Vidhi Shakha, dated 23.02.2023 enclosing therewith Memo No. 591/2023 dated 21.02.2023, issued by the Sub Inspector of Police-cumOfficer-in-Charge, Baheri Police Station, Darbhanga, has been received. In the said report, it has been stated that the appellant, namely, Indra Narayan Sah (Cr. Appeal (DB) No. 264 of 1996) and Chani Yadav @ Chani Prasad Yadav (Cr. Appeal (DB) No. 365 of 1996) have already died. Considering the report, sent by the Senior Superintendent of Police, Darbhanga vide its Memo No. 120/Vidhi Shakha dated 23.02.2023 enclosing therewith Memo No. 591/2023 dated 21.02.2023, issued by the Sub Inspector of Police-cum-Officer-in-Charge, Baheri Police

Patna High Court CR. APP (DB) No.264 of 1996(5) dt.14-03-2023 3/3 Station, Darbhanga, both appeals stand abated. (Sudhir Singh, J) U.K./- ( Chandra Prakash Singh, J) U T