IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1320 of 2011 In Civil Writ Jurisdiction Case No. 3072 of 2011 ====================================================== Ravindra Kumar Rai, S/o Sri Nagar Set Bhatt, Resident of Village and P.O.- Bal Bandh, Police Station-Charpokhari, District-Bhojpur. .... Appellant .... Appellant Versus 1. The State of Bihar, through D.G.P.-cum-I.G. of Police, Bihar, Old Secretariat, Patna. 2. The Deputy Inspector General of Police, C.I.D., Old Secretariat, Bihar, Patna. 3. The Superintendent of Police, C.I.D. (C), Old Secretariat, Bihar, Patna. ....Respondents .... Respondents ====================================================== Appearance : For the Appellant : Mrs. M. Chatterjee, Advocate For the Respondents : Mr. J.S. Barnwal, S.C-I ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 26-09-2011 Feeling aggrieved by the order dated 6th July 2011 made by the learned single Judge in above CWJC No. 3072 of 2011, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. Pursuant to his conviction for offence punishable under Section 302 read with Section 34 of the Indian Penal Code in Charpokhari P.S. Case No. 87 of 1998, the service of the appellant, a police constable, has been terminated on 5th March 2009. The 2 challenge to the said order in departmental appeal has been rejected. Feeling aggrieved the appellant filed above CWJC No. 3072 of 2011 under Article 226 of the Constitution. Learned single Judge has rejected the writ petition. Therefore the present Appeal. Learned advocate Mrs. M. Chatterjee has appeared for the appellant. She has submitted that the appellant has preferred appeal against his conviction and sentence. Pending the appeal the appellant has been released on bail. The appeal being continuation of trial, the service of the appellant can not be terminated pending the appeal against conviction and sentence. We agree with the learned single Judge. Appeal is dismissed in limine. Devendra /- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)