Manoj Kumar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2464 of 2018 Arising Out of PS.Case No. -45 Year- 2003 Thana -KARAKAT District- SASARAM (ROHTAS) =========================================================== Manoj Kumar Rai @ Manoj Rai, Son of Ambika Rai @ Ambika Singh, Resident of Awdani Bigha, P.S.- Karakat, District- Rohtas. .... .... Appellant

Versus

1. The State of Bihar.

2. Lal Babu Singh, Son of Late Deocharan Singh, Resident of Awdani Bigha, P.S.- Karakat, District- Rohtas.

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

For the Appellant/s : Mr. Jagdish Prasad Singh, Advocate For the Respondent/s : Mr. Sujeet Kumar Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 13-09-2018 This appeal under the proviso to Section 372 of the Code of Criminal Procedure has been filed against the part of the judgment of conviction dated 16.05.2018 passed by Fast Track Court-I, Rohtas whereby and whereunder respondent no.2 has been acquitted on the ground of old age and has been discharged from the liability of bail bonds.

2. At the outset, it is pointed out by the learned counsel for the appellant that during pendency of the appeal, respondent no.2 has already died.

Patna High Court CR. APP (SJ) No.2464 of 2018 dt.13-09-2018 2/2

3. In that view of the matter, the appeal against the order of acquittal of respondent no.2 cannot continue. It is dismissed, accordingly.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.09.2018 Transmission Date 13.09.2018