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Jharkhand Court August 2013 Judgments

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Aug 21 2013

Md Hasib Alias Babu Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5883 of 2013 Md. Hasib @ Babu ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Binod Kumar Dubey, Advocate For the State : A.P.P. -------- 2/ 21.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offence under Section 392, 395 of the Indian Penal Code, in connection with Sadar P.S. Case No. 23 of 2011 corresponding to G.R. No. 87 of 2011, S.T. No. 238 of 2012. The case relates to robbery and the case was initially instituted for the offence under Section 392 of the Indian Penal Code. Subsequently, it appears that charge sheet has been filed under Section 395 of the Indian Penal Code. It is stated that the petitioner is in custody since 14.2.2011. In the facts of this case, I am inclined to enlarge the petitioner, Md. Hasib @ Babu, on bail. Accordingly, the pe...


Aug 21 2013

Niral Sahu Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. A. (DB) No.519 of 2011 Niral Sahu Appellant. -Versus- The State of Jharkhand. .... Respondent. ------ CORAM : HONBLE MR. JUSTICE NARENDRA NATH TIWARI HONBLE MR. JUSTICE P. P. BHATT ------ For the Appellant : M/s. Pratiush Lala & R.R.S. Singh, Advocates. For the State : None ------ I.A. No.856 of 2013:5. /21.8.2013: In this interlocutory application, the appellant -Niral Sahu, has prayed for his release on bail during pendency of the appeal. Learned counsel for the appellant submitted that though his same prayer was earlier rejected, he has remained in custody for more than seven years; there is no likelihood of appeal being taken up for hearing in near future; the appellant deserves to be released on bail. Nobody appears on behalf of the State to oppose the appellant's prayer for bail. Perused the records. We find that the appellant has been held to be one of the main culprits and found guilty of committing offences under Sections 366 and 37...


Aug 21 2013

Chetlal Mahto Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

In the High Court of Jharkhand at Ranchi Cr.M.P.No.1188 of 2013 Chetlal Mahto ..............................Petitioner VERSUS State of Jharkhand..........................Opposite Party CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner :Mrs. Vandana Singh For the State : A.P.P 5.21.8.13. Learned counsel appearing for the petitioner submits that while setting aside the order dated 28.4.2005, this Court vide order dated 30.7.2013 directed the petitioner to surrender before the court below within two weeks. It was further ordered that if an application for bail is filed, the same be disposed of after taking into consideration the submission which would be advanced. At that time, it was argued that it be observed that the period during which the petitioner was on bail be ordered to be considered but that part of observation could not be incorporated in the order dated 30.7.2013 perhaps due to inadvertence and therefore, the period during which the petitioner was on bail be ordered to ...


Aug 21 2013

iliyash Sheikh Alias Iliyash Chaudhary Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 7484 of 2013 Iliyash Sheikh @ Iliyash Chaudhary ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. D.K. Chakraverty, Advocate For the State : A.P.P. -------- 3/ 21.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 414/34 of the Indian Penal Code, in connection with Balidih P.S. Case No. 78 of 2004 corresponding to G.R. No. 783 of 2004. The case relates to recovery of stolen iron scraps. The petitioner was not apprehended at the spot. In the facts of this case, I am inclined to enlarge the petitioner, Iliyash Sheikh @ Iliyash Chaudhary, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfactio...


Aug 21 2013

Muneshwari Bhuini Vs. Bharat Coking Coal Limited and O

Court: Jharkhand

Decided on: Aug-21-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI WP(S)No.3210of2011 MuneshwariBhuini ... Petitioner Versus BCCLandors. ... ... Respondents CORAM: HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :M/sRajendraKrishna&AmitSinha FortheRespondents :Mr.A.K.Mehta 521.8.2013 Heardlearnedcounselfortheparties. Forthechargeissuedon9thDecember,2009,Annexure4,bythe respondentno.3,ProjectOfficer,MudidihColliery,BCCL,SijuaArea, Dhanbad,thepetitionerwasproceededagainstandorderofdismissal from service, dated 5th April,2010, Annexure 10, was issued by the sameauthority. Theallegationagainstthepetitionerwasthatshehadavailed the LLTC/LTC in respect of her son, Sukhdeo Kumar though that personwasemployedatEastKatrasCollieryunderKatrasareaandwas working as Electrical Helper, who resigned from the services of the companyunderVRS(BPE)witheffectfrom15.02.1995.Thepetitioner's contentionisthathersonwasnot employedinthesaidcollieryand thechargeisunfounded. On this score, when the writ petition was heard on the last occasion, ...


Aug 21 2013

Rajesh Kumar Sah Alias Rajesh Saw Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.7592 of 2013 Rajesh Kumar Sah @ Rajesh Saw ..... Petitioner Versus The State of Jharkhand . Opposite Party CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Abhishek Prasad For the State : A. P.P. ----- 2/21.8.2013 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Sections 414/279/427 of the Indian Penal Code, in connection with Jaridih P.S. Case No.91 of 2013, corresponding to G.R. No.622 of 2013. From the FIR, it appears that the petitioner is the driver-cum-owner of the vehicle seized with stolen coal. In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Rajesh Kumar Sah @ Rajesh Saw is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Sri S. K. Dubey, learned Judicial Mag...


Aug 21 2013

Tabarak Mian Alias Tabarak Ansari Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 7472 of 2013 Tabarak Mian @ Tabarak Ansari ..... Petitioner Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioner : Mr. Jitendra Shankar Singh, Advocate For the State : A.P.P. -------- 2/ 21.08.2013 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offences under Sections 414, 34 of the Indian Penal Code, Section 30(ii) of the Coal Mines Act and Section 33 of the Indian Forest Act, in connection with Ramgarh P.S. Case No. 67 of 2013 corresponding to G.R. No. 792 of 2013. The petitioner is alleged to be involved in illegal mining and transaction of coal. In the facts of this case, I am inclined to enlarge the petitioner, Tabarak Mian @ Tabarak Ansari, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), wi...


Aug 21 2013

Nunu Lal Rai and ors Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 5874 o1. Nunu Lal Rai 2. Banwari Rai @ Bholwa 3. Sahdeo Rai @ Tikrorwa ..... Petitioners Versus The State of Jharkhand .. Opposite Party -------- CORAM : HONBLE MR. JUSTICE H. C. MISHRA ------ For the Petitioners : Mr. K.K. Mishra, Advocate For the State : A.P.P. -------- 2/ 21.08.2013 Heard learned counsel for the petitioners and learned A.P.P. for the Prosecution. The petitioners have been made accused for the offences under Sections 341, 323, 324, 504, 307 / 34 of the Indian Penal Code, in connection with Narayanpur P.S. Case No. 83 of 2011 corresponding to G.R. No. 409 of 2011. There is allegation against these petitioners to have assaulted and injured the father of the informant. In the facts of this case, I am inclined to enlarge the petitioners, Nunu Lal Rai, Banwari Rai @ Bholwa and Sahdeo Rai @ Tikrorwa, on bail. Accordingly, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of Rs. 10,...


Aug 21 2013

Pradeep Kumar Agarwal Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Aug-21-2013

In the High Court of Jharkhand at Ranchi Cr.M.P.No.914 of 2013 Pradeep Kumar Agarwal..................Petitioner VERSUS State of Jharkhand and others......Opposite Parties CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioner :Mr.J.K.Pasari 2/ 21.8.13. Learned counsel appearing for the petitioner seeks permission to withdraw this application. Permission is accorded. This application is dismissed as withdrawn. (R.R.Prasad, J.) ND/...


Aug 21 2013

Sakhi Gopal Dutta Vs. State of Jharkhand

Court: Jharkhand

Decided on: Aug-21-2013

IN THE HIGH COURT OF JHARKHAND, RANCHI Cr. M. P. No. 200 of 2013 Sakhi Gopal Dutta ..... Petitioner(s) Versus 1.The State of Jharkhand 2. Partha Sarthi Dutta . . Opp. Party(s) CORAM: HONBLE MR. JUSTICE R. R. PRASAD For the Petitioner(s) : Mr. A.K. Sahni, Advocate. For the State : A.P.P. For the O.P. No.2 : Mr. P. P. N. Roy, Sr. Advocate. ----- 03 /21.08.2013. Heard learned counsel appearing for the petitioner and learned counsel appearing for the opposite party No.2. This petition has been filed for quashing of the entire criminal proceeding of Katras [East Basuria] P. S. Case No.101 of 2012 [G.R. No.1719 of 2012] including the order dated 07.11.2012, whereby and whereunder cognizance of the offences punishable under Sections 420, 467, and 468 of the Indian Penal Code has been taken against the petitioner. Before adverting to the submissions advanced on behalf of the parties, the case of the complainant needs to be taken notice of. It is the case of the complainant that the complainant...


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