Golu Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2111 of 2019 Arising Out of PS. Case No.-109 Year-2017 Thana- MANJHAGARH District- Gopalganj ====================================================== Rahul Kumar Singh Son of Paras Singh Resident of Village- Bhojpurwa, P.S.- Manjhagarh, District- Gopalganj.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 2437 of 2019 Arising Out of PS. Case No.-109 Year-2017 Thana- MANJHAGARH District- Gopalganj ====================================================== Golu Mishra Son of Late Harender Mishra Resident of Village - Bhaluhi, P.S.- Muffasil Siwan, Dist.- Siwan.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
(In CRIMINAL APPEAL (SJ) No. 2111 of 2019) For the Appellant/s :
Mr.Lokesh Kumar Singh, Advocate For the Respondent/s :
Mr.Binod Bihari Singh, APP (In CRIMINAL APPEAL (SJ) No. 2437 of 2019) For the Appellant/s :
Mr.Mohammad Sufyan, Advocate For the Respondent/s :
Mr.Syed Ashfaque Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-12-2024 Re.: Cr. App (S.J.) No. 2111 of 2019 Heard the parties.
2. List this case on 12.12.2024.
Re.: Cr. APP (SJ) No. 2437 of 2019 Heard the parties.
3. It had earlier been submitted by Mr. Mohammad Sufyan, learned counsel for the appellant that the appellant has died and therefore, this Court vide order dated 11.11.2024 has
Patna High Court CR. APP (SJ) No.2111 of 2019(9) dt.09-12-2024 2/2 called for a report from the Superintendent of Police, Gopalganj. This Court had also directed learned counsel for the appellant to file an affidavit in this regard.
4. Learned counsel for the appellant has shown his helplessness saying that despite his repeated attempts, he has not been able to contact the family members of the appellant and therefore, no affidavit could be filed by him. He further submits that he wants to withdrawn this appeal.
5. In these circumstances, as prayed for by learned counsel for the appellant, this appeal is dismissed as withdrawn.
6. It is directed that the trial Court will call for a report from the Superintendent of Police, Gopalganj with regard to the fact that whether the appellant is alive or not. If it is reported that the appellant is alive then he will have to serve the sentence.
(Sandeep Kumar, J) P. Kumar U T