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2017 Supreme(Pat) 1279

ADITYA KUMAR TRIVEDI
Anil Sah Son of Banaras Sah – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellants : Mr. Ajay Kumar Thakur, Mr. Imteyaz Ahmad, Mr. Ravi Ranjan, Mr. Ram Bahadur Jha
For the Respondents: Mr. Bipin Kumar, Mr. S.A. Ahmad, Smt. Abha Singh, Mr. Sujeet Kumar Singh

JUDGMENT :

1. During course of trial (S. Tr. No. 475 of 2012) while the case was fixed for defence, and argument, the accused persons became absent as a result of which vide order dated 03.05.2011 their bail bonds were cancelled. Subsequently, Anil Shah and Madan Singh appeared on 17.06.2015 and were bailed out while Ambika Rai, Sukhal Rai and Bindeshwari Rai remained absent whereupon their trial were directed to be separated vide order dated 09.04.2012 as well as 30.01.2013 whereupon, Session Trial No. 475A of 2002 originated.

2. In original Session Trial No. 475 of 2002 the judgment of conviction was passed on 16.06.2015 as well as order of sentence dated 18.06.2015 by the 9th Additional Sessions Judge, Saran at Chhapra whereby and whereunder Anil Sah as well as Madan Singh have been found guilty for an offence punishable under Section 307/149 of the Indian Penal Code and sentenced to undergo R.I. for seven years as well as to pay fine Rs. 5,000/- in default thereof to undergo S.I. for six months, under Section 380/149 of the Indian Penal Code and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs. 5,000/- in default thereof to undergo S.I. for six


































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