Patna Court November 2008 Judgments
State of Bihar and Etc. Vs. Bishwanath Singh and anr.
Court: Patna
Decided on: Nov-21-2008
Mridula Mishra, J.1. Death Reference No. 17 of 2007 has been referred by the trial Court to the High Court for confirmation of death sentence awarded by Sri Umesh Chandra Mishra, Additional District & Sessions Judge (Fast Track Court No. 5), Rohtas at Sasaram to appellants, namely, Parvati Devi and Bishwanath Singh in Sessions Case No. 251/1999/Trial No. 83/1999 for the offence under Section 302 of the Indian Penal Code (in short, 'IPC'). Besides their conviction and sentence under Section 302 of the IPC, these two appellants have also been convicted under Section 364/34 and Section 201 /34, of the IPC but no separate sentence has been awarded to them since they have been awarded death sentence. Other criminal appeals have also been preferred against the same judgment and order of conviction and sentence by Ram Prit Singh (Cr. Appeal No. 1463 of 2007), Raju Singh & Rajev Ranjan Singh alias Rajeev Ranjan (Cr. Appeal No. 1480 of 2007) and Pradeep Kumar alias Pradeep Kumar Singh (Cr. App...
Tag this Judgment!Pratap Rana @ Vikash Kumar P. Vikki Singh Vs. the State of Bihar and o ...
Court: Patna
Decided on: Nov-19-2008
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the petitioner and the State.In the instant writ application the petitioner has prayed for quashing the order dated 4.7.2008 passed by the I.G. (Prison) Home Department, Bihar, by which the petitioner has been shifted from Beur Jail, Patna to Special Central Jail, Bhagalpur.2. The learned Counsel states that the petitioner is facing trial in Patna in 4 - 6 cases. In one of the cases even production warrant has been issued for his production for trial of Session Trial No. 841/07. The learned Counsel submits that vide Annexure-3 respondent No. 4 has written to the Superintendent, Special Central Jail, Bhagalpur for his production at Patna for trial of his case there. It is further submitted that none of his cases is pending at Bhagalpur Special Central Jail.3. The learned Counsel for the State submits that the petitioner has been shifted to Bhagalpur pursuant to the power under Section 29(3) of the Prison Act on the administrat...
Tag this Judgment!Arvind Kumar Sinha Son of Late Jugal Kishore Prasad Vs. the State of B ...
Court: Patna
Decided on: Nov-19-2008
Ramesh Kumar Datta, J.I.A. No. 6210/20081. The interlocutory application has been filed for quashing of the order dated 26.7.2001 (Annexure-8 of the writ application) by which the representation of the petitioner including that of others for appointment on compassionate ground has been rejected by the Additional Secretary, Health Department, Government of Bihar.2. Learned Counsel for the petitioner submits that the said order had already been annexed in the main writ application in which a prayer has been made for a direction upon the respondents to consider the case of the petitioner for appointment on compassionate ground but due to inadvertence no prayer had been made for quashing the said order which prayer, in fact, would be subsumed within the main prayer in the writ petition.3. On a consideration of the facts and circumstances of the case and the aforesaid submissions, the prayer for amendment is allowed.I.A. No. 6210/2008 is accordingly disposed of.4. Heard learned Counsel for...
Tag this Judgment!State of Bihar Vs. Dhaneshwar Yadav and ors.
Court: Patna
Decided on: Nov-18-2008
Mridula Mishra, J.1. The Death Reference Case No. 16 of 2007 has been referred for confirmation of death sentence imposed by the trial court in S.T. No. 593 of 2006/T.R. No. 238 of 2007. Cr. Appeal No. 1502 of 2007, Cr. Appeal No. 7 of 2008 and Cr.Appeal No. 10 of 2008 have been filed against the judgment and order passed by Additional Sessions Judge, Fast Track Court No. V, Banka in Sessions Trial No. 593 of 2006/Trial No. 238 of 2007. By the judgment and order dated 5.12.2007 and 6.12.2007 the appellants Dhameshwar Yadav, Naresh Yadav, Suresh Yadav, Umesh Yadlav alias Umesh Rai and Ashok Yadav have been convicted under Sections 302/149, 353 and 120B of the Indian Penal Code. They all have been awarded death sentence, for their conviction under Section 302/149 of the Indian Penal Code, for conviction under Section 353 and 120B of the Indian Penal Code no separate sentence have been awarded.2. The prosecution case as disclosed from the fard beyan of Homeguard No, 10707 Uday Kant Jha, ...
Tag this Judgment!Subhash Prasad and ors. Vs. State of Bihar
Court: Patna
Decided on: Nov-18-2008
Samarendra Pratap Singh, J.1. The aforesaid five appeals are being taken up together for hearing as they are analogous and arise out of the same Judgment. All these five appeals have been preferred against the judgment and order dated 7.12.2006, whereby the appellants therein have been convicted under Sections 20(b)(ii)(c) and 23(c) of the N.D.P.S. Act (in short the Act) and sentenced to undergo RI for ten years imprisonment and to pay a fine of Rs. one lacs under each of the two counts, in default of payment of fine to further undergo RI for two years. However, both sentences were ordered to run concurrently.2. The prosecution case as recorded on self statement of the informant, namely, Laldhari Prasad, Inspector cum officer in charge of Raxaul Police Station on 12.1.2002 at about 7.05 pm in short is as follows:3. The informant got secret information that some smugglers have assembled in Mohan nagar tola of Raxaul in the house of accused Viswanath Prasad and Sukhari Prasad and are pr...
Tag this Judgment!The Balia Lakhminia No. 1 Gram Panchayat Through Its Mukhiya Bausia Su ...
Court: Patna
Decided on: Nov-12-2008
1. By means of this writ petition which has been filed in the nature of public interest litigation, the petitioners have assailed the declaration (notification) dated 24th September, 2008 issued in exercise of the power under Section 3(1)(c) of the Bihar Municipal Act, 2007 for creation of Balia Nagar Panchayat. Diverse grounds have been set up in challenging the said notification including the ground that the entire exercise is being done at the behest and instance of Mr. Bhola Singh, who is MLA from Begusarai Assembly Constituency and is presently the Urban Development Minister, Government of Bihar, Patna.2. Section 3 of the Bihar Municipal Act, 2007 provides for declaration to be made to constitute a municipal area. It reads thus:3. Declaration of intention to constitute a municipal area.- (1) The Governor may, after making such inquiry as he may deem fit, and having regard to the population of any urban area, density of population there in, the revenue generated for the local admi...
Tag this Judgment!Sanjeev Kumar Vs. the State of Bihar and ors.
Court: Patna
Decided on: Nov-10-2008
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the parties.In the instant writ application the petitioner has prayed for direction to the respondent authorities for making an enquiry as to how without following the procedure as envisaged under Sections 82 and 83 of Cr.P.C., the police officials attached his property.2. The learned Counsel for the petitioner submits that after recording the statements of some witnesses cognizance of offence was taken on 15.12.2006 and warrant of arrest was issued on the same day. Thereafter vide order dated 26.6.2007 the process of attachment of property of the petitioner under Section 82 of Cr.P.C. was issued also. Pursuant to the order property of the petitioner was attached. He submits that the petitioner suffered both mental agony and financial loss as well as loss of prestige in society by aforesaid action of police without due authorization of law.3. The learned Counsel for the petitioner submits that a Bench of this Court in a case ...
Tag this Judgment!Commissioner of Customs Department, Government of India Vs. Kapildeo P ...
Court: Patna
Decided on: Nov-07-2008
Chandramauli Kumar Prasad and Ravi Ranjan, JJ.1. All these applications arise out of a common order and as such they were heard together and are being disposed of by this order.2. Short facts giving rise to these applications are that Custom officials on 15.3.1998 seized sixteen pieces of gold biscuits from the cabin of a truck. Awadhesh Kumar Thakur, who was in the truck, stated that gold biscuits belonged to one Vijay Kumar Son of Kapildeo Prasad and the driver of the truck, namely, Brij Kishore Parit (Pandit) did not had knowledge about it. The Commissioner of Customs by order dated 22.6.2001 directed for confiscation of the gold biscuits. He also passed order for confiscation of the truck with an option to the owner to redeem the same on payment of redemption fees of Rs. forty thousand. It also inflicted personal penalty of Rs. ten thousand, fifty thousand, twenty thousand and one thousand upon Awadhesh Kumar Thakur, Kapildeo Prasad, Vijay Kumar and Brij Kishore Parit respectively...
Tag this Judgment!Pintu Yadav Vs. State of Bihar and ors.
Court: Patna
Decided on: Nov-07-2008
1. The petitioner seeks to impugn the order of detention dated 16th July, 2008, whereby the State Government in exercise of power conferred under Section 21 of the Bihar Control of Crimes Act, 1981, confirmed the order of detention dated 26th May, 2008 passed by the District Magistrate, Saharsa. The petitioner also seeks to impugn the initial order of detention dated 26th May, 2008 passed by the District Magistrate, Saharsa.2. The only contention put-forth by the counsel for the petitioner in assailing the order dated 16th July, 2008 passed by the State Government is that under Section 12(2) of the Bihar Control of Crimes Act, 1981, the order of detention in the first instance cannot exceed three months whereas vide order dated 16th July, 2008, the detention of the petitioner has been ordered until 4th June, 2009 i.e., for one year.3. We may immediately observe that the contention of the counsel for the petitioner lacks substance.4. Section 12 of the Bihar Control of Crimes Act, 1981 ...
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