Patna High CourtCR. REV./62/2018dfd for non appearance

Nand Kishore Yadav @ Chura Yadav @ Chuha Yadav And ANR v. The State Of Bihar

2019-07-12Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No. 62 of 2018 Arising Out of P.S. Case No.-115 Year-1991 Thana- JHAJHA District- Jamui ====================================================== 1.

Nand Kishore Yadav @ Chura Yadav @ Chuha Yadav, Son of Arjun Yadav. 2.

Kulo Yadav @ Kaila Yadav @ Kulu Yadav @ Kailu Yadav @ Kuli Yadav, Son of Masudan Yadav, All are Resident of Village- Alkajra, P.S.- Jhajha, District- Jamui.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Sita Ram Yadav, Son of Late Ajodha Yadav, Resident of Village- Alakjara, Police Station- Jhajha, District- Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-07-2019 Nobody appears on behalf of the petitioners.

2. Learned APP for the State has assisted the Court.

3. The petitioners have moved the Court for setting aside the judgment and order dated 09.05.2016 passed by the learned A.D.J. IInd, Jamui in Criminal Appeal No. 170 of 2003 by which the same has been dismissed upholding the judgment and order of conviction and sentence dated 09.07.2003 passed by the Judicial Magistrate, IInd Class, Jamui in GR No. 916 of 1991, Trial No.730 of 2003 arising out of Jhajha PS Case No. 115 of 1991.

Patna High Court CR. REV. No.62 of 2018 dt.12-07-2019 2/2

4. Having heard learned APP and having perused the judgment and order dated 09.07.2003 as well as the appellate order dated 09.05.2016, the Court does not find any error in the orders warranting interference by this Court.

5. For reasons aforesaid, the application stands dismissed.

6. The bail bonds of the petitioners stand cancelled and they are directed to surrender before the Court below within two weeks from today to undergo the remaining period of his sentence as per the order of the trial Court dated dated 09.07.2003 passed by the Judicial Magistrate, IInd Class, Jamui in GR No. 916 of 1991, Trial No.730 of 2003 arising out of Jhajha PS Case No. 115 of 1991. Upon failure to do so, the Court below shall take all steps for ensuring that the petitioners are taken into custody for serving the remaining period of their sentence.

7. Let the Lower Court Records be returned forthwith. (Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T