IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1708 of 2010 THE STATE OF BIHAR & ORS Versus AMARENDRA KUMAR ----------- 4 18.1.2011 Heard Mr. Kumar Kaushik, learned A.C. to learned G.P.11 for the appellants and Mr. Vinay Kumar Singh for the sole respondent. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna raises a grievance with respect to the judgment dated 18.12.2009 passed by a learned Single Judge of this court in C.W.J.C.No.11868 of 2009 and the analogous writ petitions whereby the writ petitions were allowed by a common judgment with the details of direction stated therein. It is relevant to state that one of the writ petitions disposed of by a learned Single Judge was C.W.J.C.No.10616 of 2009 (Brajesh Kumar Vs State of Bihar & Ors). Learned counsel for the parties have advanced elaborate submissions in support of their respective stand. Our burden has been lightened by the judgment of a Full Bench of this court in L.P.A.No.321 of 2010 2 KHAN dated 11.5.2010 (State of Bihar & Ors Vs Rajeev Ran Vijay Kumar) whereby the validity of the judgment impugned before us was specifically an issue and has been overruled. The Full Bench has observed as follows in paragraph 28 of the judgment: “28. In view of our preceding analysis, we are unable to persuade ourselves to accept the view expressed in Brajesh Kumar (Supra) and, accordingly, the same stands overruled. Any decision following the said judgment is deemed to be overruled”. In that view of the matter, the present appeal is allowed. The impugned judgment of learned Single Judge having been overruled by the Full Bench in a specific term. In the result, this appeal is allowed. There shall be no order as to costs. (S.K.Katriar,J) (S.P.Singh,J)