Ajay Kumar @ Ajay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.267 of 2017 Arising Out of PS.Case No. -223 Year- 2005 Thana -BARAUNI District- BEGUSARAI ====================================================== Ajay Kumar @ Ajay Kumar Singh, Son of Late Bhuwneshwar Singh, Resident of village - Birpur, Police Station - Birpur, District - Begusarai .... .... Appellant

Versus

1. The State of Bihar

2. Ashok Singh, Son of Late Ramcharitar Singh,

3. Rajesh Singh@ Rajesh Kumar, Son of Late Rajendra Singh,

4. Manoj Singh, Son of Late Ramcharitar Singh,

5. Upendra Singh, Son of Late Ramcharitar Singh, All Residents of village - Birpur, Police Station Birpur, District - Begusarai .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Ravi Shanker Pankaj For the Respondent/s : Mr. Sri Ashwani Kumar Sinha ====================================================== 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 (Dr.) Amrendra Kumar, learned counsel assisted by Sri Ravi Shankar Pankaj, learned counsel for the appellant, in presence of Sri Ashwani Kumar Sinha, 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 any petition for grant of leave under Section 378(3) of the Code of Criminal Procedure. However, earlier indulgence was granted to learned counsel for the appellant

Patna High Court CR. APP (DB) No.267 of 2017 (7) dt.05-07-2017 2/2 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 leave, the appeal stands dismissed.

(Rakesh Kumar, J) (Mohit Kumar Shah, J) NKS/- U T