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Patna High CourtCR. APP (DB)/476/2023dismissed

Birendra Yadav v. The State Of Bihar

2024-11-28Mr. Justice Dr. Anshuman,Mr. Justice Vipul M. Pancholi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.476 of 2023 Arising Out of PS. Case No.-187 Year-2017 Thana- NAVINAGAR District- Aurangabad ====================================================== Birendra Yadav Son of Tilak Dhari Yadav Resident of Village- Thengo Tola, Noniya Bigha, Ps- Nabinagar, Distt- Aurangabad ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ashok Yadav Son of Ramdev Yadav Resident of Village- Thengo Tola, Noniya Bigha, Ps- Nabinagar, Distt- Aurangabad 3.

Vinod Yadav Son of Ramdev Yadav Resident of Village- Thengo Tola, Noniya Bighat,Ps- Nabinagar, Distt- Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Priya Ranjan, Advocate For the Respondent/s :

Mr. Binod Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI) 28-11-2024 This Court passed the following order on 25th October, 2024 which reads as under:- "Heard Mr. Priya Ranjan, learned Advocate for the appellant and Mr. Binod Bihari Singh, learned A.P.P. for the Respondent-State.

2. On 20th September, 2023, this Court granted three weeks time to the appellant for removal of defects. However, it appears that till today defects are not removed.

3. In the interest of justice, as a last chance, the matter is adjourned.

4. The appellant shall remove the defects on or before 20th November, 2024."

Patna High Court CR. APP (DB) No.476 of 2023(5) dt.28-11-2024 2/2 2.

Today, learned counsel for the appellant prays for further one week time to remove the defects. However, from the aforesaid order, it appears that, on 20th September, 2023, this Court granted three weeks' time for removal of defects. Thereafter, once again, further a period of approximately four weeks was granted to the appellant. It appears that the appellant is not interested in proceeding with the present acquittal appeal.

3.

Hence, the appeal stands rejected as the appellant has not removed the defects.

(Vipul M. Pancholi, J) (Dr. Anshuman, J) Sachin/- U T