Kumar Nagmani And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1874 of 2015 In Civil Writ Jurisdiction Case No. 6080 of 2015 ======================================================

1. Kumar Nagmani son of Raghu Prasad Yadav, resident of villageIbrahimpur, P.O- Dariyapur, P.S.- Dariyapur, District- Saran.

2. Manoj Kumar, son of Bhuneshwar Prasad Rai, resident of village- Pojhi, P.O.- Pojhi, P.S.- Derni, District, Saran.

3. Amit Kumar, son of Prithvi Nath Yadav, resident of village- Apahar, P.O.- Aapahar, P.S- Amnour, District- Saran.

4. Krishna Choudhari, son of Lal Babu Choudhari, resident of villageDatiyapur, P.O.+P.S.- Dariyapur, District- Saran.

5. Poonam Daughter of Prithvi Nath Yadav, resident of villageIbrahimpur, P.O+P.S.- Dariyapur, District- Saran.

6. Kumari Usha, daughter of Ram Prasad, resident of village-Kewatiya, P.O.+P.S.- Dariyapur, District- Saran.

7. Raj Narayan Rai, Son of Punit Lal Rai, resident of village- Pojhi, P.O.- Pojhi, P.S.- Derni, District, Saran.

8. Geeta Devi, Wife of Shri Harendra Prasad Rai, resident of villagePojhi, P.O.- Pojhi, P.S.- Derni, District, Saran.

9. Manoj Kumar, son of Ram Babu Prasad Ray, resident of village- Pojhi, P.O.- Pojhi, P.S.- Derni, District, Saran.

10. Shanti Kumari @ Shanti Devi, daughter of Inardev Singh, resident of village-Bansdih, P.O.- Madarpur, P.S.- Bheldi, District-Saran.

11. Sima Kumari @ Sima Devi, daughter of Roshan Pandit, resident of village- Chandpura, P.O.-Apahar, P.S.- Bheldi, District- Saran.

12. Sujata Kumari Sinha, wife of Manoj Singh, resident of village - Thara Thakurbari, P.O. - Maker, Police Station - Maker, District - Saran (Chapra).

13. Mokhtar Singh, son of Dharam Nath Singh, resident of village - Bansdih, P.O. - Madarpur, Police Station - Bheldi, District - Saran (Chapra).

14. Kiran Kumari @ Kiran Devi, daughter of Ramji Rai, resident of village + P.O. - Pojhi, Police Station - Derni, District - Saran (Chapra). .... .... Appellant/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Umesh Kumar Mishra, Adv. For the Respondent/s : Mr. Bijay Kumar Pandey, AC to SC-5 Mr. Satyadeo Kumar- Sc5 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE )

Patna High Court LPA No.1874 of 2015 (2) dt.15-10-2015 2/3 15-10-2015 Re: I.A. No.8433 of 2015 I.A. No.8433 of 2015 has been filed by the appellants, under Section 5 of the Limitation Act, seeking condonation of delay of 06 days in preferring the present appeal against the order, dated 10.07.2015, passed by the learned Single Judge in CWJC No. 6080 of 2015.

Heard Mr. Umesh Kumar Mishra, learned Counsel, appearing on behalf of the appellants, and Mr. Bijay Kumar Pandey, learned Assistant Counsel to Standing Counsel-5, appearing for the Respondents.

Having considered the reasons assigned in the present petition seeking condonation of delay and having heard the learned counsel for the parties, this Court is satisfied that the appellants were prevented by sufficient causes from preferring the appeal within time.

In view of the above, the delay of 06 days, in preferring the letters patent appeal, is hereby condoned. I.A. No.8433 of 2015 stands disposed of.

L.P.A. No.1874 of 2015 After some argument, learned counsel for the appellants seeks permission to withdraw this appeal with liberty

Patna High Court LPA No.1874 of 2015 (2) dt.15-10-2015 3/3 to file application for review of the order which is under appeal. No objection has been raised to the prayer for withdrawal made by the appellants.

In view of the above and in the interest of justice, the appeal is hereby disposed of as withdrawn with liberty granted to the appellants to file application for review of the order which is under appeal.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) K.C.jha/- U