Patna Court July 2002 Judgments
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Balbir Singh and ors. Vs. State of Bihar and ors.
Court: Patna
Decided on: Jul-19-2002
1. Four petitioners Mr. Balbir Singh, a former principal of A. N. College, Patna, claiming himself to be the President of Pashupatinath Sarva Jan Kalyan Ashram resident of Patna, Sonadhari resident of Bhojpur Upendra Kumar Singh resident of Patna and Professor Ganesh Prasad Ojha resident of Patna, have filed the present petition for seeking a writ, in the High Court's prerogative writ Jurisdiction under Article 226 of the Constitution of India, that the respondents so arrayed be directed not to restrain the devotees of Hindu religion from worship in the Hindu temple of Brahm Asthan located at the southern boundary wall of Sanjay Gandhi Botanical Garden, adjacent to the Patna Airport. 2. The contention is that the authorities have locked the gate of the Brahm Asthan without any rhyme or reason and best known to them. 3. The cause for locking the gate has not been stated in the petition but gradually it came out in the arguments of learned counsel for the petitioners. 4. It is contende...
Ram Sharan Prasad @ Ram Sharan Mahto Vs. the State of Bihar
Court: Patna
Decided on: Jul-19-2002
Braj Nandan Prasad Singh, J.1. The appellants put on trial suffered conviction under Section 302 of the Indian Penal Code and also Section 27 of the Arms Act for which while they were sentenced to suffer rigorous imprisonment for life on the first count, no sentence was awarded on the second count.2. At the earliest, I may briefly refer to the main features of the prosecution case against the appellants centering round the incident in question. The factual matrix are that at about midday on 29th July, 1992 while the deceased Kailash Mahto along with his family members was working in his field which situates in Nirgidhi Khandha for transplantation of seedlings of paddy, Chandar Mahto, RamShafan Mahto, Kapil Manjhi, Raghuni Manjhi and Rajendra Manjhi holding fire-arms, Kishore Mahto and Vijay Mahto carrying garasa with them emerged coming from the side of village Jafra. It was Chandar Mahto who set the ball in motion, firing a shot with his double barrel gun, on Kailash Mahto. Unexpecte...
Satyanarayan Pasi and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-19-2002
Braj Nandan Prasad Singh, J.1. Altogether 17 number of accused persons were sought to be prosecuted in Mohania P. S. Case No. 125 of 1991 registered under Sections 147, 148. 149, 324, 307, 302, 380 of the Indian Penal Code (IPC) and Section 27 of the Indian Arms Act, but as no charge-sheet was submitted against Shankar Pasi, his name was expunged by the Court of Commitment. As Suresh Pasi absconded during the pendency of the proceeding, he was declared absconder and evidences placed on the repord do suggest that after said Suresh Pasi was apprehended, a separate proceeding bearing Sessions Trial No. 271/3 of 1996/99 was initiated against him which eventually culminated in acquittal of the accused. Of those who were sought to be put on trial, Sipahi Pasi top absconded and he too after his .apprehension was put on trial in a separate proceeding bearing Sessions Trial No. 605/ 39 of 1992/1999 in which Sipahi Pasi suffered conviction under Section 302, I.P..C. and also Section 27 of the I...
Bishundeo Poddar and ors. Vs. the State of Bihar
Court: Patna
Decided on: Jul-18-2002
Sachchidanand Jha, J.1. These two appeals are directed against the judgment and order by which the appellants have been convicted under Section 302/34, Penal Code and sentenced to rigorous imprisonment for life and further convicted under Section 498A of the Penal Code and sentenced to rigorous imprisonment for two years. There are three appellants in Cr. Appeal No. 9/97. They are in-laws of the deceased. In Cr. Appeal No. 44/97 the appellant is the husband.2. Briefly stated, omitting the unnecessary details, the case of the prosecution is that Ranju Kumari, daughter of the informant Ram Narayan Poddar, was married to appellant-Blrendra Poddar of Village Sadpur, P. S. Sahebpur Kamal, District Begusarai on 27-6-90. In her sasural she was Ill-treated, the reason being that Birendra Poddar was having illicit relationship with his Bhabhi, Janki Devi, one of the appellants herein, to which Ranju was objecting. Her objection was not taken well and she was at times beaten. Ranju Kumari told...
Ashish Kumar Jha Vs. the State of Bihar
Court: Patna
Decided on: Jul-18-2002
R.S. Garg, J.1. The Petitioner, the then Managing Director of Magadh Central Co-operative Bank being faced with a criminal prosecution made an application to the concerned Magistrate that the case diary does not contain any material allegations against him and he deserves to be discharged under Section 289 of the Code of Criminal Procedure. After going through the case diary and taking into consideration the material allegations made by the complainant and the evidence collected by the police, the learned Magistrate recorded that the case diary contained sufficient material to connect the accused with the alleged crime. It accordingly rejected the application.2. Being aggrieved by the said order the Petitioner has come to this Court, inter-alia, submitting that the order passed by the learned Magistrate is patently illegal and calls for an interference of this Court. It is contended before this Court that the Petitioner himself had made certain complaints against certain persons and a...
Anuragi Devi Vs. Haribansh NaraIn Singh and ors.
Court: Patna
Decided on: Jul-18-2002
Ashok Kumar Verma, J.1. This miscellaneous appeal has been filed by plaintiff No. 1, Anuragi Devi, against the order, dated 17.7.1999, passed by Subordinate Judge, VII, Vaishali at Hajipur, in Partition Suit No. 126 of 1998, whereby the learned Subordinate Judge has ordered for the appointment of receiver. The prayer for appointment of the receiver had been made by plaintiff No. 2 Haribansh Narain Singh, who is respondent first party in the present appeal. Partition Suit No. 126 of 1998 had been filed by Anuragi Devi and Haribansh Narain Singh for partition of the property in suit.2. It was argued by the learned lawyer for the appellant that the petition for appointment of receiver had been filed by Haribansh Narain Singh the plaintiffs No. 2 whereas in the partition suit the appellant Anuragi Devi has also been named as a plaintiff along with Haribansh Narayan Singh. It was submitted by the learned lawyer for the appellant that according to Haribansh Narain Singh himself so long Anur...
israil and ors. Vs. State of Bihar
Court: Patna
Decided on: Jul-17-2002
M.L. Visa, J.1. This appeal is directed against the judgment and order dated 26.5.1987 passed by 7th Additional Sessions Judge, Pumea, in Sessions Trial No. 215/84 convicting and sentencing the appellants to undergo imprisonment for life under Section 396 of the Indian Penal Code (in short, IPC).2. The case of prosecution as disclosed in the written report (Ext. 2) of informant Ayub Hassan (PW-10) is that in the night of 1.3.1982 informantwas at his 'Darwaja' when at about mid night some persons came to his 'Darwaja' and tied his father Tamizuddin and set him on fire. The informant identified all the appellants and Aminuddin and Sadique amongst those persons who were armed with weapons and were saying that they would kill his father. They also after breaking the door of the house of informant entered the house and assaulted the informant with 'lathi' but the informant anyhow managed to escape from there. The appellants and their companions entered the room of Md. Yakub (PW-7), brother...
Mahesh Kumar and anr. Vs. Khurshid Anwar and ors.
Court: Patna
Decided on: Jul-16-2002
Ashok Kumar Verma, J.1. This miscellaneous appeal had been filed against the order dated 29.7.1998, passed by the District Judge, Madhubani in Claim Case No. 44 of 1997, whereby the learned District Judge has ordered that both driver and owner shall pay Rs. 25,000 each to the applicants by way of interim compensation and the applicants shall be entitled to receive Rs. 50,000 in total.2. Appellant No. 1 is the owner of the vehicle and appellant No. 2 is the driver of the vehicle. Respondent Nos. 1 to 3 are the claimants and respondent No. 4 is National Insurance Co. Ltd.3. According to the appellants, claim case had been filed under Section 140 of the Motor Vehicles Act without filing any case under Section 166 of the said Act and independent claim under Section 140 of the Act is not maintainable without filing a claim case under Section 166 of the Act. Further according to the appellants for any action of the driver, the owner of the vehicle is vicariously liable. According to the ap...
Sri Hari Shanker Prasad Vs. Shri Shahid Ali Khan and ors.
Court: Patna
Decided on: Jul-16-2002
Parsun Kumar Deb, J.1. This election petition has been filed by the above named petitioner who was also a candidate in the fray challenging the returning of respondent No. 1 in the last Assembly Election held in the year 2000 in respect of 67 Sitamarhi Assembly Constituency of Bihar Vidhan Sabha. At the very outset it should be mentioned that difference of votes by which respondent No. 1 had been declared elected is only a margin of 35 votes from that of the election petitioner.2. The election programme of the assembly election for67 Sitamarhi Constituency was as follows:1. Last date of filing of nomination - 3.2.20002. Date for scrutiny of nomination papers. - 4.2.20003. Last date for withdrawal of candidature. - 7.2.20004. Last date for preparation of list of candidates. - 7.2.2000 (after 3 p.m.)5. Date of polling - 22.2.20006. Date of repelling of eight booths - 24.2.20007. Date of counting - 25.2.2000 & 26.2.20003. As per the aforesaid pro...
Bindra Prasad Vs. the State of Bihar and ors.
Court: Patna
Decided on: Jul-15-2002
S.N. Jha, J.1. The petitioner, an ex-employee of the Bihar State Electricity Board (hereinafter referred to as 'the Board') is aggrieved by the decision of the Board to forfeit his entire pension with effect from the date of the order i.e. 5.7.2001 in a proceeding under Rule 43(b) of the Bihar Pension Rules.2. The Petitioner superannuated from the Board's service on the post of Store Assistant while posted in Grid Maintenance Sub-division, Khagaul on 30.11.97. Prior to his superannuation he was posted at Bettiah until 1993 when he was transferred to Khagaul from where he finally superannuated. His 10% of pension and full gratuity besides unutilised leave salary were withheld by the Board. He came to this Court in CWJC No. 2970/99. The Board took the stand that the Petitioner was in unauthorised occupation of 0.50 Acre of land belonging to the Board at Bettiah. In support of his claim the Petitioner relied on 'no dues' certificates said to have been granted by the concerned authorities...
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