Bharat Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.372 of 2017 Arising Out of PS.Case No. -137 Year- 2001 Thana -BAKHTIYARPUR District- PATNA ====================================================== Bharat Yadav S/o - Late Ram Chandra Yadav R/o - Village - Paidal Chak, P.S. Bakhtiyarpur, District - Patna.

.... .... Appellant

Versus

1. The State of Bihar.

2. Ram Naresh Yadav

3. Braj Kishore Yadav @ Birje Yadav both S/o Late Ram Nandan Yadav Both Residents of Village - Paidaul Chak, P.S.Bakhtiyarpur, District - Patna.

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

For the Appellant/s : Mr. Ashok Kumar For the Respondent/s : Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 05-07-2017 Sri Ashok Kumar, learned counsel for the appellant, in presence of learned Addl. Public Prosecutor, again requests for granting time for filing petition for grant of leave. Normally, we are not entertaining any appeal against acquittal in absence of leave petition under Section 378(3) of the Code of Criminal Procedure. However, earlier indulgence was granted to learned counsel for the appellant for filing petition for grant of leave, but till date same has not been filed and today again same prayer is being reiterated.

Accordingly, in absence of petition for grant of

Patna High Court CR. APP (DB) No.372 of 2017 (6) dt.05-07-2017 2/2 leave, the appeal against acquittal stands dismissed. (Rakesh Kumar, J) (Mohit Kumar Shah, J) NKS/- U T