Birendra Mahto @ Girani Mahto vs The State Of Bihar
2021 Latest Caselaw 4776 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                    CRIMINAL APPEAL (DB) No.28 of 2021
    Arising Out of PS. Case No.-115 Year-2009 Thana- KHIJARSARAI District- Gaya
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Birendra Mahto @ Girani Mahto S/o Late Bhajan Mahta, resident of Village- Saidpur Bazar, P.S.- Khizersarai, District- Gaya.

... ... Appellant Versus The State of Bihar

... ... Respondent ====================================================== Appearance :

For the Appellant : Mr.Ravindra Kumar Sinha, Advocate For the Respondent : Mr. Abhimanyu Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) Date : 23-09-2021 The instant appeal has been filed for setting aside

the judgment of conviction and order of sentence dated

26.02.2020 and 17.03.2020 respectively passed by learned

Additional Sessions Judge-IV, Gaya in Sessions Trial No.04 of

2015/255 of 2010 arising out of Khizersarai P.S. Case No.115 of

2009.

The appeal has been filed erroneously before the

Division Bench. The substantive sentence awarded to the

appellant by the Trial Court is 10 years.

Rule 36 under Chapter XII of the Patna High Court Patna High Court CR. APP (DB) No.28 of 2021 dt.23-09-2021

Rules provides that an appeal in which the substantive sentence

upto and inclusive of 10 years has been passed shall be laid

before a Single Judge for admission.

In that view of the matter, the appeal is disposed of

as not maintainable.

However, since it is an appeal against judgment of

conviction, the appellant would be at liberty to file an

appropriate application before the Single Judge challenging the

impugned judgment of conviction and order of sentence.

(Ashwani Kumar Singh, J)

( Arvind Srivastava, J)

kanchan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          26.09.2021
Transmission Date       26.09.2021