Bhrigunath Rai And ORS v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1302 of 2017 (2) dt.19-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1302 of 2017 Arising Out of PS.Case No. -152 Year- 2013 Thana -DARIYAPUR District- SARAN ======================================================

1. Bhrigunath Rai S/o Late Ramayan Rai

2. Arbind Kumar

3. Ajay Rai

4. Pankaj Rai All are Son of Bhirgunath Rai Resident of Village- Darvesa Chandra, P.S. Dariyapur, District- Saran at Chapra. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Vijay Kumar, Adv For the Respondent/s : Smt. Abha Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 19-05-2017 Heard learned counsel for the appellants as well as learned APP for the State.

Appellants along with others were tried and during course thereof, one of the accused, Amrendra Rai has been convicted for an offence punishable under Sections 148, 302 IPC and Section 25(1-B) a of the Arms Act while remaining were sentenced for an offence punishable under Sections 147 IPC, Arvind Rai was sentenced for an offence punishable under Sections 148 IPC and Section 25(1-B) a of the Arms Act. That being so, instant appeal should have been addressed to Division Bench instead of Single Bench and the appellants are accordingly, directed to make necessary corrections, simultaneously, office is also directed so.

(Aditya Kumar Trivedi, J) perwez U T