Patna Court December 2008 Judgments
Bharat Yadav Son of Sarjug Yadav Vs. State of Bihar
Court: Patna
Decided on: Dec-03-2008
Mridula Mishra, J. 1. The sole appellant Bharat Yadav has been convicted under Section 396 of the Indian Penal Code by judgment and order dated 29.11.2002 passed in Session Trial No. 202 (A) of 1993/199 of 2002. The appellant was charged under Section 396 and 412 of the Indian Penal Code but acquitted of charge under Section 412 of the Indian Penal Code as prosecution could not bring evidence to prove the charge.2. In the night of 24-25.6.1992 at about 1 A.M. at Village Ganguli, Sahipatti dacoits entered into the house of Sahdeo Purvey (P.W.3) and they committed dacoity in the house as well as shop of Kari Purve (P.W.4). In course of dacoity two persons namely Raj Kumar Purvey and Ram Pari Devi were murdered by the dacoits as they threw bomb and also opened fired. In the morning of 25.6.1992 at about 5 A.M. fard beyan of Sahdev Purvey (P.W.3) was recorded at the place of occurrence by the Officer-in-charge of Benipatti P.S.3. The case of prosecution as disclosed in the fard beyan of P...
Tag this Judgment!Kameshwar Singh Son of Sri Rajeshwar Singh Vs. Surya Narayan Rai Son o ...
Court: Patna
Decided on: Dec-03-2008
Ramesh Kumar Datta, J.1. Heard learned Counsel for the petitioner, learned Counsel appearing for Respondent No. 1 and learned Counsels for the State Election Commission and for Respondent Nos. 4 to 7.2. The petitioner seeks quashing of the order dated 11.7.2007 passed by Munsif 2nd Court, Saran in Election Case No. 6 of 2006 (Surya Narayan Rai v. The Chief Election Commissioner and Ors.) through which he has allowed the application for addition of Respondent No. 1 as the party to the election petition filed by him and also by other contesting candidate. The further prayer is to issue a mandamus commanding the respondents to discharge their legal obligation and to declare the Election Case No. 6 of 2006 as not maintainable since it suffers from non-joinder of necessary party within the time frame allowed in Rule 106 of the Bihar Panchayat Election Rules, 2006.3. The petitioner was a candidate for the post of Mukhiya of Gram Panchayat, Raj Mukimpur in 2006 Gram Panchayat Election. The p...
Tag this Judgment!Birendra Thakur S/O Sri Kedar Thakur Vs. the State of Bihar Through Di ...
Court: Patna
Decided on: Dec-03-2008
1. This letters patent appeal is directed against the order dated 21st August, 2002, whereby the Single Judge dismissed the writ petition filed by the appellant for quashing the order of removal dated 1st November, 2000 passed by the disciplinary authority and the order dated 18th June, 2002 passed by the appellate authority affirming the order of the disciplinary authority.2. We shall refer the parties as referred in the writ petition. The petitioner, prior to his removal from service, was employed as a Police Constable. While he was posted as Constable Driver at Police Headquarters, Sitamarhi, the departmental proceedings were instituted against him for having committed grave mis-conduct of indiscipline, doubtful - character, lack of devotion in duty, and immoral work by carrying contraband arms and ammunitions to help a particular political party on the election day. It was alleged that in the intervening night of 1st/2nd March, 1985, the Station House Officer, Sitamarhi along with...
Tag this Judgment!The State of Bihar and ors. Vs. Bivekanand Singh and anr.
Court: Patna
Decided on: Dec-03-2008
Mihir Kumar Jha, J.1. Having heard counsel for the parties in the matter of limitation, for the facts and reasons mentioned in I.A. No. 2085/2007, the delay in filing of the appeal is condoned.2. This appeal by the State of Bihar and its officials is directed against the order dated 29.8.2006 passed in C.W.J.C. No. 11181/2005 whereby and whereunder the order of termination of the respondent-writ petitioners has been set aside with a direction to reinstate them in service with all consequential benefits.3. The facts giving rise to the aforementioned writ application lie in a narrow compass. The father of respondent-writ petitioner No. 1 died on 30.4.1983 at a point of time when his age was only 10 years and 3 months approximately. It has been claimed that on 1.2.1985 he had filed an application for his appointment on compassionate ground in terms of the circular of the State Government and when such appointment was not made in the next five years, his mother had approached for such com...
Tag this Judgment!Yogendra Kumar S/O Late Sitaram Singh Vs. the State of Bihar Through S ...
Court: Patna
Decided on: Dec-02-2008
Shiva Kirti Singh, J.1. Heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel for the Bihar School Examination Board.2. The order passed in this case on 25.7.2008 takes note of the relevant facts and also indicated the main issue falling for decision.3. Petitioner has prayed for a direction upon the Bihar School Examination Board (hereinafter referred to as the 'Board') for issuing his D.P.Ed. Examination Certificate for the Session 1987-1988. The examination for that session was held in January, 1994. Petitioner had studied from S.M. Zahir Alam Physical Training College, Darbhanga which admittedly had permanent recognition since the Session 1986-1987 vide a Notification of State Government dated 26.4.1994.4. On behalf of Board whose arguments were also adopted by the learned Counsel for the State, a vociferous attack was made on the concerned Training College. It was shown that as late as in February, 1994 the State Government had refused to gran...
Tag this Judgment!Shailendra Kumar Singh and Manikant Singh Vs. State and ors.
Court: Patna
Decided on: Dec-02-2008
S.P. Singh, J.1. Heard learned Counsel for the petitioner and learned Government Advocate for the State.2. In the instant writ petition, the petitioner of Cr WJC No. 311 of 2008 prays for directing the respondents to release the fire arms and cartridges being .315 Bore Regular Rifle No. AB 02098(.315) having Arms license No. 14-C/02 dated 29.6.2002, valid upto 31.12.2010 along with 25 live cartridges, which were illegally seized by Kajara police station vide Station Diary Entry No. 162/2008 dated 11.1.2008. The prayer of petitioner in Cr WJC No. 312 of 2008 is substantially in similar context.3. Before we deal with the merits of the submissions made by the learned Counsel for the parties, it would be necessary to notice the facts of the case in brief.4. The petitioner Shailendra Kumar Singh claims himself to be a social worker engaged in providing modernized training in field of agriculture and incites awareness towards social evils, like Dowry etc. He was campaigning for one such mee...
Tag this Judgment!Shila Devi Vs. the State of Bihar and ors.
Court: Patna
Decided on: Dec-01-2008
Samarendra Pratap Singh, J.1. Heard the learned Counsel for the petitioner, State Election Commission as well as the State of Bihar.2. The petitioner has prayed for quashing the F.I.R. being Nagar Nausa P.S. Case No. 16/07 dated 1.9.2007 under Sections 467, 468, 471, 420 and 120B of the Indian Penal Code lodged by the District Panchayat Officer, Bihar Sharif, pursuant to the direction of the State Election Commission dated 31.2.2007.3. The learned Counsel submits that the petitioner has a house in village- Khiru Bigha P.S. Nagar Nausa as well as in village - Kamta which is devided by a road. Learned Counsel submits that the name of the petitioner and her husband was published in 1995, voter list showing her name as well as her husband rightly as resident of Khiru Bigha falling under Khajura Gram Panchayat. It is their further case that in the voter list published in 2000, her name as well as the name of her husband were also published as residents of Village-Khiru Bigha under Khajura ...
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