Patna Court August 1999 Judgments

Sanjiv Kumar Singh and ors. Vs. State of Bihar and ors.

Court: Patna

Reported in: 1999(3)BLJR2127

1. Heard the parties.2. In this case, petitioners obtained settlement of lands for the purpose of cultivation under the orders of Subdivisional Magistrate, Manjhaul in course of a proceeding under Sections 145 and 146(1), Cr. P.C. Their grievance is that after taking the settlement, they paid the bid amount and thereafter, made a request for deputation of a Magistrate and police force so that the cultivation work may be conducted without interference by anti-social elements. It appears that by order contained in Annexure-4, the Subdivisional Magistrate deputed Anchal Adhikari, Khodawandpur to act as Magistrate and he was also directed to obtain necessary police force from the Officer Incharge of Khodawandpur Police Station. It appears from a letter bearing No. 24 dated 29-1 -1999 contained in Annexure 9, which has been issued by Anchal Adhikari, Khodawandpur to Sub-divisional Magistrate, Manjhaul that he received some telephonic message and acting on that basis, the police force depute...

Deen Bandhu Ghose Vs. State of Bihar and ors.

Court: Patna

Reported in: 1999(3)BLJR2140

1. Heard the parties.2. The prayer of the petitioner in this revision application is for release of his truck bearing registration No. WB-41-A 0227 which has been seized in connection with Spl. Case No. 55 of 1998 under Section 8 of the N.D.P.S. Act, 1985. From the order of the Court below dated 7-4-1999, it appears that prayer of the petitioner was rejected 011 the ground that in his application for release, he has made no specific averment that he is the owner of the vehicle. In this regard, learned Counsel for the petitioner submitted that since the original certificate of registration has been seized by the authorities along with the truck, hence, he produced only a photo copy of the certificate of registration which has also been annexed to this application as Annexure-2. A perusal of the said certificate of registration shows that the petitioner and his one brother have been described as registered owners.3. Considering all the facts and circumstances of the case, this applicatio...

Ramraj Singh and ors. Vs. State of Bihar

Court: Patna

M.L. Visa, J.1. All these three appeals have been heard together and are being disposed of by this common judgment because they arise out of the same judgment and order dated 28th March, 1987 passed in Sessions Trial No. 128/86 by Additional Sessions Judge, Xth, Patna, convicting and sentencing Ram Raj Singh, the appellant of Cr. Appeal No. 123/87 to undergo life imprisonment under Section 302/34 of I.P.C., Ravi Bhushan Singh, Awadhesh Singh and Satya Narain, Singh, the appellants in Cr. Appeal No. 124/87 to undergo life imprisonment under Section 302/34 of I.P.C. and Pramod Kumar Singh, appellant in Cr. Appeal No. 125/87 to undergo life imprisonment under Section 302/I.P.C.2. Briefly stated, the case of prosecution is that on 12-9-84 at 10.15 p.m., informant Indradeo Singh (P.W. 8) gothis/ardbeyem(Ext. 6) recorded by S.I. Dudheshwar Singh (P.W. 10) at Referral Hospital, Naubatpur, P.S. Naubatpur, Distt. Patna stating therein that on the same date at about 7.00 p.m., his cousin decea...

Ram Chandra Keoat Vs. State of Bihar and ors.

Court: Patna

Ravi Nandan Sahay, J.1. The petitioner purchased a piece of land measuring 6(3/4) decimals bearing plot No. 101 khata No. 17 of village Nima Pandey P.S. Halsi in the district, of Munger by sale-deed dated 19-5-1981. The land was purchased for construction of house for large family of the petitioner.2. According to the petitioner, the scribe of the deed due to inadvertence omitted to mention the land as parti piece of land unsuitable for agricultural purposes. The scribe further omitted to mention that there was a Gali on the south boundary and that a house of Khublal Kewat on west boundary.3. The respondent No. 2, who is now represented by his legal heirs after his death filed an application before the L.R.D.C., Lakhisarai under Section 16(3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 claiming pre-emption of the land purchased by the petitioner on the ground that he was co-sharer and adjoining raiyat of the land in question describe...

Mohd. Qamruzama Firdausi Vs. Mohd. YasIn and ors.

Court: Patna

Gurusharan Sharma, J.1. Plaintiffs-respondents 1 and 2 filed Title Suit No. 60 of 1974 against defendants-appellant and others for declaration of title and for further declaration that order dated 6-12-1973, passed by special Officer, Bhagalpur Municipality was null and void and not binding on them, which was decreed holding that plaintiffs' got indifisible title and the aforesaid order dated 6-12-1973 was illegal and not binding on them. Defendant No. 1 preferred Title Appeal No. 53 of 1980 against trial Court's decree, which has been dismissed and trial Court's decree was affirmed.2. By registered sale-deed dated 14-11-1960, Ext. 4/A, the original owner Mostt. Aisa transferred the suit land to defendant No. 1, who was a minor under the guardianship of his father, Md. Allauddin, defendant No. 2.3. By registered sale-deed dated 3-4-1973, Ext. 4, defendant No. 2 claiming himself to be the real owner and defendant No. 1 as mere benamidar transferred the suit property to the plaintiffs....

Jainath Prasad Vs. State of Bihar and ors.

Court: Patna

Aftab Alam, J. 1. In Jahuri Yadav v. Bank of India, a learned Judge of this Court, sitting singly, passed a very brief order reported in 1998 (3) Pat LJR 214, declaring that in agricultural loans it was not permissible for the Bank to charge interest at a rate higher than 6.5%. The declaration was said to be in accordance with the decision of the Supreme Court in Corporation Bank v. D. S, Gowda, (1994) 5 SCC 213 : (1994 AIR SCW 2721).2. The order passed by this Court in the case of Jahuri Yadav seems to have caused a state of uncertainty in the matter of recovery of Bank loans. A case came to the notice of this Court in which a District Certificate Officer had issued a general direction to all the Banks in the district asking them to recalculate their dues in agricultural advances charging interest @ 6.5% as directed in the order passed by this Court. It was also reported to this Court that relying upon the order passed in the case of Jahuri Yadav a large number of suits were filed I...

Naresh Bhuiyan Vs. State of Bihar

Court: Patna

D.N. Prasad, J.1. This death reference case and criminal appeal arise out of the same judgment and order passed by Sri Dhruvdeo Pandey, 3rd Addl. Sessions Judge, Dhanbadin Sessions Trial No. 29/95 convicting the appellant under Sections 302/201, I.P.C. and sentenced him to death for the offence under Section 302, I.P.C. and also sentenced him for four years rigorous imprisonment under Section 201, I. P. C. The learned Sessions Judge has made reference of the case for confirmation of the death sentence.The case of the prosecution in brief as stated that the informant Rukwa Bhuin was sleeping in the night of 30-6-94 at her Darwaza after taking meal with her son Birju (deceased). Her husband Rajendra had gone to his duty. It is further alleged that the appellant, Naresh Bhuiyan came at her Darwaza two times at about 10. p.m., but he left. Thereafter she, along with her son, slept there. Her husband, Rajendra came in the night at about at about 1 a.m. from the duty and she was awakened. ...

Bijendra Yadav (A) Bijendra Kr. Yadav and ors. Vs. State of Bihar and ...

Court: Patna

S.K. Katriar, J.1. This application under the inherent powers of this Court for and on behalf of the seven petitioners herein is directed against the impugned order of cognizance dated 27-11-93, passed by the learned Chief Judicial Magistrate, Saharsa, in Saharsa (Bihar) PS Case No. 198/93, whereby cognizance has been taken of the alleged offences under Sections 447, 144, 379, 411 and 120B, I.P.C., and the petitioners have been summoned to stand their trial,2. The informants (opposite party Nos. 4 and 5 herein) had written a letter dated 14-4-93, to the Superintendent of Police, Saharsa, alleging therein that Lakshmi Prasad Yadav, Secretary of the temple trust in question, Ram Prasad Yadav, Dy. Secretary, and Keli Dasin are the office bearers of the temple trust in question. The Thakurbari in question owns and possesses 25 bighas of land. Paddy crops are growing on 2 bighas and 3 kathas of the said land, and it has 'kash' growth on 1 bigha and 12 kathas of the said land. On 31-3-93 a...

Sanat Besra Vs. State of Bihar

Court: Patna

P.K. Deb and D.P.S. Choudhary, JJ.1. This appeal has been preferred by the above-named accused-appellant from jail against the judgment and order passed by the Sessions Judge, Santhal Pargana, Dumka, in Sessions case No. 357 of 1986 whereby and whereunder the accused-appellant has been convicted under Section 302 of the Indian Penal Code for intentionally killing his mother-in-law Paku Murmu on 9-5-1986 at 6 p.m. and sentenced him to rigorous imprisonment for life.2. The accused-appellant married the daughter of the deceased Paku Murmu, namely, Sona Hembram and in the wed-lock they have a male issue. As per the customs prevailing amongst the parties, the accused-appellant was a Chardamad of the deceased Paku Murmu. The wife of the accused-appellant Sona Hembram used to dance in the festivals which was disliked by her husband. As per tribal customs, married woman do not participate in dance festival. On the date of occurrence i.e. on 9-5-1986, the accused-appellant being enraged start...

Mahendra Rai Vs. Rajendra Paswan and ors.

Court: Patna

S.K. Katriar, J.1. The informant is the petitioner against a judgment of acquittal dated 3-9-93, passed by Mr. Gajendra Prasad, Judicial Magistrate, 1st Class, Begusarai, in GR No. 2401/89 (Trial No. 136/93) State of Bihar v. Rajendra Paswan and 12 Ors., whereby the accused-opposite party herein have been acquitted of the charges under Sections 147, 148, 323, 149, 324/149 and 337/149, I.P.C., and opposite party Nos. 7 and 8 have in addition been acquitted under Section 380 of the I.P.C.2. The prosecution case, in brief, is that on 3-11-89 at about 2,30 a.m. the accused-persons while ploughing their field and annexed the ridge belonging to the informant. In the morning of 3-11-89, at about 6 a.m., on the field itself, there was a verbal duel between the informant and the opposite party herein, whereafter according to the prosecution case, the informant and others ran to their residence to save themselves from the assault of the accused-persons. The prosecution party were assaulted by ...