Birendra Mahto @ Girani Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.28 of 2021 Arising Out of PS. Case No.-115 Year-2009 Thana- KHIJARSARAI District- Gaya ====================================================== Birendra Mahto @ Girani Mahto S/o Late Bhajan Mahta, resident of VillageSaidpur Bazar, P.S.- Khizersarai, District- Gaya. ... ... Appellant

Versus

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

For the Appellant :

Mr.Ravindra Kumar Sinha, Advocate For the Respondent :

Mr. Abhimanyu Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) Date : 23-09-2021 The instant appeal has been filed for setting aside the judgment of conviction and order of sentence dated 26.02.2020 and 17.03.2020 respectively passed by learned Additional Sessions Judge-IV, Gaya in Sessions Trial No.04 of 2015/255 of 2010 arising out of Khizersarai P.S. Case No.115 of 2009.

The appeal has been filed erroneously before the Division Bench. The substantive sentence awarded to the appellant by the Trial Court is 10 years.

Rule 36 under Chapter XII of the Patna High Court

Patna High Court CR. APP (DB) No.28 of 2021 dt.23-09-2021 2/2 Rules provides that an appeal in which the substantive sentence upto and inclusive of 10 years has been passed shall be laid before a Single Judge for admission.

In that view of the matter, the appeal is disposed of as not maintainable.

However, since it is an appeal against judgment of conviction, the appellant would be at liberty to file an appropriate application before the Single Judge challenging the impugned judgment of conviction and order of sentence. (Ashwani Kumar Singh, J) ( Arvind Srivastava, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.09.2021 Transmission Date 26.09.2021