IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.335 of 1995

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1. Harendra Rai, S/o Sri Jamindar Rai

2. Abhay Shankar Nirala, S/o Shri Shiv Chandra Rai,

3. Jagarnath Rai, S/o Shri Birchandra Rai &

4. Kishun Rai, S/o Shri Trilok Rai @ Pancho Rai

All residents of village-Lalpokhar Dighi (Jagdishpur), P.S. Sadar, Hajipur,

District-Vaishali.

... ... Appellants

Versus

The State of Bihar

... ... Respondent

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with

CRIMINAL APPEAL (DB) No. 344 of 1995

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Uday Shankar Nirala, S/o Shri Shiv Chandra Rai, r/o village-Lalpokhar Dighi

(Jagdishpur), P.S. Hajipur Sadar, Distt. Vaishali

... ... Appellant

Versus

The State of Bihar

... ... Respondent

Appearance :

(In CRIMINAL APPEAL (DB) No. 335 of 1995)

For the Appellant/s

:

Mr.Abhay Prakash Sahay

Mr. Aditya Prakash Sahay

Mr. Harshit Guyaghey, Advocates

For the Respondent/s

:

Mr.Dilip Kumar Sinha

(In CRIMINAL APPEAL (DB) No. 344 of 1995)

For the Appellant/s

:

Mr.Abhay Prakash Sahay

For the Respondent/s

:

Mr. Shyam S. Singh Satyam

Mr. Satya Narayan Prasad, Advocates

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

and

HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4

20-06-2022

In pursuance of the order dated 25-02-2022 passed

by a coordinate bench of this court, a report has been submitted

by the Superintendent of Police, Vaishali at Hajipur which is at

Patna High Court CR. APP (DB) No.335 of 1995(4) dt.20-06-2022

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Flag ‘X’ to the present Memo of Appeal.

Re: Cr. Appeal No. 335 of 1995

Out of four appellants, the appellant No. 4 Kishun Rai

is said to be dead. Hence the appeal with regard to appellant No.

4 (Cr. Appeal No. 335 of 1995) stands abated.

So far as the rest three appellants namely, Harendra

Rai, Abhay Shankar Nirala and Jagannath Rai are concerned,

one week’s time is allowed to the counsel for the appellants to

file interlocutory application for recalling the order dated 25-02-

2022 by which, non-bailable warrant of arrest has been issued

against the above-said three appellants on account of non-

appearance of the counsel for the appellants.

List Cr. Appeal (DB) No. 335 of 1995 on 04-07-2022

under appropriate heading.

Re: Cr. Appeal (DB) No. 344 of 1995

It has been reported that the sole appellant of Cr.

Appeal (DB) ) No. 344 of 1995, namely, Uday Shankar Nirala,

has died.

Considering the aforesaid fact that the sole appellant

namely, Uday Shankar Nirala, S/o Shri Shiv Chandra Rai, r/o

village-Lalpokhar Dighi (Jagdishpur), P.S. Hajipur Sadar, Distt.

Vaishali of Cr. Appeal (DB) No. 344 of 1995 is dead, the present

Patna High Court CR. APP (DB) No.335 of 1995(4) dt.20-06-2022

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appeal stands abated.

The appeal is consigned to records.

A.K.V.//-

(Sudhir Singh, J)

( Chandra Prakash Singh, J)

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