Satya Narayan Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.674 of 2016 Arising out of PS.Case No. -60 Year- 2008 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Satya Narayan Rai, son of Pathlu Rai, resident of village - Sirsa Setha, P.S. - Baikunthpur, District - Gopalganj.

.... .... Appellant/s

Versus

1. The State of Bihar.

2. Satya Deo Rai, son of late Sheolal Rai

3. Manager Rai

4. Indal Rai

5. Parshuram Rai

6. Sipahi Rai

7. Nandlal Rai

8. Hiralal Rai

9. Munnilal Rai Sl. Nos. 3 to 9 are sons of Satya Deo Rai All residents of village - Sirsa Setha, P.S. - Baikunthpur, District - Gopalganj.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Lakshmi Kant Sharma, Advocate. For the State : Mr. Sri Binod Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-09-2016 In view of the defect as pointed out by the Registry that an appeal under the proviso to Section 372 of the Cr. P.C. would be maintainable before the Division Bench and not before the Single Judge.

Learned counsel for the appellant seeks leave to withdraw the present application in order to file another appeal in the same subject matter before the Division Bench. Leave is granted.

Patna High Court CR. APP (SJ) No.674 of 2016 (2) dt.21-09-2016 2/2 The application is disposed of with liberty aforesaid. In case, learned counsel for the appellant files a photocopy of the impugned judgment dated 28th July, 2016, the Registry is directed to return the certified copy to the learned counsel for the appellant after retaining the photocopy of the same. (Ashwani Kumar Singh, J) S.Ali/- U T