Patna Court May 2006 Judgments
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Ranjeet Rai Vs. the State of Bihar
Court: Patna
Decided on: May-05-2006
Indu Prabha Singh, J.1. The sole appellant has been convicted under Section 21(b) of the Narcotic Drugs and Psychotropic Substance Act, (in short the Act) and has been sentenced to undergo rigorous imprisonment for 7 years with a fine of Rs. 50,000/- and in default he is ordered to further undergo rigorous imprisonment for 6 months.2. The prosecution story, as disclosed in self statement of Inspector Piranjeet Singh, is that on receipt of the memo of the Superintendent of Police on that day of occurrence he constituted a raiding party and proceeded for conducting checking of the vehicle on Buxar Sasaram road near Shiv Temple in village-Malah Chakia. Further story is that the Superintendent of Police, Buxar had authorised the informant under Section 41(2) of the Act to conduct the raid. As per the message of the Superintendent Buxar two persons after purchasing Heroin from the appellant Ranjeet Rai of village-Sarenja were to come on a motor cycle towards Buxar. Out of whom one was a la...
Amarnath Singh and Suman Devi Vs. the State of Bihar and Shivnath Pras ...
Court: Patna
Decided on: May-05-2006
Rekha Kumari, J.1. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the F.I.R. and the entire criminal proceeding of Paroo P.S. Case No. 19/2004 arising out of Complaint Case No. 173 of 2004 for the offences under Sections 406 and 420 of the Indian Penal Code pending in the court of the Sub-divisional Judicial Magistrate, Muzaffarpur West.2. Heard.3. According to the F.I.R. there was an agreement between the complainant-informant and the petitioners for sale of four kathas of land at the rate of Rs. 16,000/- per katha. The complainant paid Rs. 46,500/- to the petitioners out of the consideration amount and promised to pay the remaining amount of Rs. 17,500/- at the time of execution of the sale deed. It is further alleged that thereafter the complainant requested the petitioners several times for the execution of the sale deed but the petitioners always evaded. Subsequently, the complainant learnt...
Shesh Narayan Singh Vs. the State of Bihar
Court: Patna
Decided on: May-05-2006
Indu Prabha Singh, J.1. The sole appellant has been convicted under Section 20(B)(1) of the Narcotic Drugs and Psychotropic Substance Act, (in short the Act) and has been sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/- and in default further sentenced to undergo rigorous imprisonment for six months.2. The story of the prosecution as has been stated in the written report of Raghubansh Kumar Bhanu, Jr. S.I. is that on 10.1.1997 while he was busy with some investigation and checking he got a confidential information that a person wearing military coloured jacket was carrying Ganja at Patel bus stand. He alongwith constable Prithvi Prasad went to Patel bus stand. There they found that the appellant was wearing military coloured jacket and also carrying a military coloured bag. He started fleeing away after seeing them. They apprehended him after chasing. He disclosed his name as Shesh Narayan Singh. His search was conducted in front of independent w...
Nemai Chandra Chatterjee Vs. State of Bihar
Court: Patna
Decided on: May-04-2006
Rekha kumari, J.1. Heard.2. This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 21.11.2004/22.11.2004 passed by Sri J.K. Dubey, J.M. 1st Class, Sasaram in G.R. No. 935 of 2001/Tr. No. 2014 of 2004 by which he has rejected the prayer of the petitioner for his discharge.3. It appears that the petitioner had filed an application under Section 239 of the Code before the Magistrate for discharge on the ground that there was no sufficient material to frame charge under Section 408 of the Indian Penal Code. The learned Magistrate heard both sides and by the impugned order dismissed the prayer. In his order he has simply stated that he perused the chargesheet and the case diary. The Chief Judicial Magistrate has also taken cognizance under Section 408 I.P.C. and, hence, in his opinion also there is sufficient material for framing charge.4. It is true that if a Magistrate discharges any accuse...
Shailendra Nath Vs. State Bank of India and ors.
Court: Patna
Decided on: May-04-2006
Sudhir Kumar Katriar, J.1. This writ petition has been preferred to quash Clause 1 of the Memorandum of Instructions (Annexure-2), issued by the respondent Bank for empanelment of vendors of paper, loose leaf binders, stationery items etc. and printers, whereby prohibition has been imposed on the empanelment of persons whose near relatives as defined therein are working in the Bank.2. According to the writ petition, the petitioner is the sole proprietor of a firm of printers engaged in the business of printing since the year 1986, and empanelled as printers with the respondent Bank, Local Head Office, Patna, since 1994. An advertisement was published in the local Hindi newspaper 'Hindustan' on 26.9.2004 (Annexure-1), inviting applications for empanelment of vendors of paper, stationary items, printers etc. within 15 days. The applicants were required to conform to the general terms and conditions governing the empanelment incorporated in the impugned Memorandum of Instructions (Annexu...
Bihar State Electricity Board and anr. Vs. Ramswarup Yadav and ors.
Court: Patna
Decided on: May-04-2006
1. India is still considered by the economists as a developing country. Bihar is one of its poorest states. In the event, there are countless ways in which the poor in this State might die. Accidental electrocution, among them, is not unknown. Death by accidental electrocution is hardly surprising having regard to the very poor state of maintenance of electric fittings in private or public premises and an equally sorry state in which the Bihar State Electricity Board is able to keep its installations. But what is actually shocking is the callous and mindless attitude of the Board in such cases. It would try to completely deny such occurrence(s) and in that connection, it may go so far as to try to mislead the Court.2. The case in hand, is one such instance. According to the writ petitioner, (respondent No. 1 in the appeal) around mid-day on 19.11.1997, he and his son were collecting vegetables grown on his piece of land. At that time, the 33 KVA electric line passing over their land s...
Sudarshan Ram and anr. Vs. State of Bihar and anr.
Court: Patna
Decided on: May-04-2006
Navin Sinha, J.1. The opposite party No. 2 filed a complaint case bearing No. 1400(C) of 2002 on 12.12.2002 alleging that the petitioners were employees of the Electricity Board. They were required to replace the defective transformer in the locality of the complainant. The new transformer upon arrival was installed at another location. On protest, the petitioners abused the complainant and others and filed a false case against the boys of the locality. The petitioners taking undue advantage of their official position, had innocent children of the locality put behind bars. They called the complainant and other boys of the locality to their office and then slapped and abused them. On these allegations cognizance was taken on 19.2.2003 against the petitioners under Sections 323 and 504 of the Penal Code.2. Sri Vinay Kirti Singh, learned Counsel appearing on behalf of the petitioners confined his submissions to challenge the proceeding and the order of cognizance only on the ground of la...
Ashutosh Kumar Dubey and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: May-03-2006
Rekha Kumari, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 13.10.2004 passed by the Chief Judicial Magistrate, Banka in Case No. 560/99 under which he has refused to discharge the petitioners under the provision of Section 245(1) Cr.P.C.2. Heard both the sides.3. The case of the complainant (O.P. No. 2) Pratiksha Devi is that she was married to the petitioner Ashutosh Kumar Dubey with mutual consent according to Hindu rites on 13.6.1999 in Kali Mandir at village saraiya in presence of witnesses. After marriage, in the said night the complainant went to her Sasural at village Saraiya alongwith her husband. Father and other witnesses, when the petitioners, who are mother-in-law, sister-in-law and brother-in-law, started demanding Rs. 2.5 lacs as dowry and when the father of the complainant expressed his inability, he was assaulted and pushed (sic) out of his house and threatened that they would keep only if he paid the amou...
Radha Mohan Gond and ors. Vs. the State of Bihar and anr.
Court: Patna
Decided on: May-03-2006
Navin Sinha, J.1. Heard learned Counsel for the petitioner and the learned Counsel appearing on behalf of the opposite party No. 2.2. The petitioners have been summoned by order dated 23.8.2002 to face trial under Section 364 of the Penal Code in exercise of powers under Section 319 Cr.P.C. (hereinafter referred to as the 'Code') based on the deposition of PW 8, the victim himself, who has named them.3. The FIR was originally lodged against unknown by the wife of the victim when he was abducted. Chargesheet came to be submitted against some accused. During trial PW 8, the victim himself deposed naming the present petitioners as having handed over arms to the abductors after they held PW 8 as hostage in the field and then proceeded onwards as narrated in detail in the deposition of PW 8.4. Learned Counsel for the petitioners assailed the order summoning then on the ground that the court below had no jurisdiction to separate the trial of the petitioners from other accused who were alrea...
Anish Chakrabarty Vs. State of Bihar and anr.
Court: Patna
Decided on: May-02-2006
Rekha Kumari, J.1. This is an application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing the order dated 16.12.2004 passed by Shri Manoj Kumar Singh, Judicial Magistrate, 1st Class, Patna in complaint case No. 2271-C of 2003 by which he had rejected the prayer of the petitioner Anis Chakrabarty to dispense with his personal attendance in Court in the case under the provision of Section 205 of the Code.Heard.2. The case of the complainant-Opposite Party No. 2 Jai Shankar Prasad Jha in nut shell is that Gautam Kumar, son of the complainant wanted to be admitted in Private Marine College as he had not appeared at the I.I.T. Examination. The father the complainant approached the petitioner, who runs a private Marine College at Kolkata and his friend Santosh Singh who run an institution at Varanasi. On 3rd June 2003 the petitioner and Santosh Singh had come to attend a marriage at Patna and on 4.6.2003 they came at the house of the co...
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