Gautam Kumar @ Gautam Kumar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46982 of 2016 Arising Out of PS.Case No. -64 Year- 2016 Thana -MANIHARI District- KATIHAR ======================================================

1. Gautam Kumar @ Gautam Kumar Yadav

2. Deepak Kumar @ Deepak Kumar Yadav Both sons of Muneshwar Yadav.

3. Rajesh Kumar @ Rajesh Kumar Yadav Son of Terha Yadav

4. Bhutan Yadav @ Butan Yadav Son of Babu Lal Yadav

5. Mithilesh Yadav Son of Nand Lal Yadav. All residents of Village- Milik Pokhar Kanna, P.S. Manihari, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-12-2016 Learned counsel appearing on behalf of the petitioners submits that in view of the order dated 27.10.2016 passed by a Division Bench of this Court in Criminal Misc. No.25276 of 2016, the appeal will lie against the impugned order.

In that view of the matter, learned counsel for the petitioners prays for permission to convert this application filed under Section 438 of the Code of Criminal Procedure into an appropriate appeal.

Permission is accorded.

As prayed for, learned counsel for the petitioners is permitted to convert this application into an appropriate appeal within two weeks.

(Rajendra Kumar Mishra, J) manish/- U