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Patna High CourtCR. APP (DB)/540/2017dismissed

Munna Das v. The State Of Bihar And ORS

2017-08-01Mr. Justice Mohit Kumar Shah,Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No. 540 of 2017 Arising Out of PS.Case No. -80 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ====================================================== Munna Das son of Dhokal Das, resident of Village - Sadanandpur Baisa, P.S. Kahalgaon, District - Bhagalpur.

.... .... Appellant

Versus

1. The State of Bihar

2. Nawalesh Das, son of Lale Das

3. Rajesh Das son of Lale Das

4. Renu Devi wife of Bablu Das

5. Deviya Devi wife of Lale Das

6. Lale Das son of Late Ganesh Das All resident of Village - Sadanandpur Baisa, P.S. - Kahalgaon, District - Bhagalpur.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Manoj Kumar Jha For the Respondent/s : Mr. Bipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 7.

01-08-2017 On call, a prayer is being made on behalf of the appellant, in presence of learned Addl. Public Prosecutor, for adjourning the case for a week.

The present appeal has been filed under Section 372 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") primarily with a prayer to enhance the sentence of respondent no. 2 to 6 as well as correction of conviction order. The appeal has been filed without a petition for grant of leave under Section 378(3) of the Cr.P.C.

Normally, we are not at all entertaining any appeal

Patna High Court CR. APP (DB) No.540 of 2017 (7) dt.01-08-2017 2/2 against acquittal without any leave petition. Since, the record suggests that there is no leave petition, the prayer for adjournment stands refused.

The appeal stands dismissed in absence of leave petition.

(Rakesh Kumar, J.) (Mohit Kumar Shah, J.) Anay U T