Hasbuddin Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3484 of 2019 Arising Out of PS. Case No.-4012 Year-2009 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== HASBUDDIN SHAH Son of Late Naim Shah Resident of Village - Godna Takia, P.S.- Revilganj, Distt - Saran at Chpra. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ashok Prasad Son of Late Sukhdeo Prasad Resident of Village - Godna More Hajam Toli, P.S.- Revilganj, Distt - Saran at Chapra. 3.

Binda Prasad Son of Late Sukhdeo Prasad Resident of Village - Godna More Hajam Toli, P.S.- Revilganj, Distt - Saran at Chapra. 4.

Raja Prasad Son of Late Sukhdeo Prasad Resident of Village - Godna More Hajam Toli, P.S.- Revilganj, Distt - Saran at Chapra. 5.

Mithilesh Prasad Son of Binda Prasad Resident of Village - Godna More Hajam Toli, P.S.- Revilganj, Distt - Saran at Chapra. 6.

Akhilesh Prasad Son of Binda Prasad Resident of Village - Godna More Hajam Toli, P.S.- Revilganj, Distt - Saran at Chapra. 7.

Manoj Prasad Son of Binda Prasad Resident of Village - Godna More Hajam Toli, P.S.- Revilganj, Distt - Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Kumar Sharma, Adv.

For the Respondent/s :

Mr. Bipin Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-08-2024 Heard the parties.

2. Considering the submission and perusal of records it appears that this matter is pending for removal of defect(s) since last five years where appellant preferred present appeal against acquittal.

3. One of the charge framed against

Patna High Court CR. APP (SJ) No.3484 of 2019(3) dt.08-08-2024 2/2 respondent nos. 2 to 7 was for the offences punishable under Section 436 of the Indian Penal Code, for which the sentence may lead to life imprisonment and as such office correctly pointed out defect at serial no. 4, that this memo of appeal may be converted into Criminal Appeal (DB).

4. Learned counsel appearing on behalf of appellant is directed to take necessary steps as to convert present appeal into Criminal Appeal (DB) within two weeks of this order failing which, this case stands dismissed without any further reference to the Bench.

5. Accordingly, upon conversion this appeal stands disposed of.

(Chandra Shekhar Jha, J) Sudha/- U T