Patna Court March 2009 Judgments
Bibi Rashida Khatoon Wife of Late Md. SalauddIn Vs. the State of Bihar ...
Court: Patna
Decided on: Mar-06-2009
Navaniti Pd. Singh, J.1. Petitioner happens to be the unfortunate widow of an Assistant Teacher, who died in harness on 10.3.1998 while he was posted at High School, Malhariya in the district of Araria. Though over a decade has gone by, she has been running from pillar to post to get the terminal due as a consequence of her late husband's untimely death. The merciless burecracy did not even spare her. The Accountant General filed an affidavit that it had sanctioned payment of arrears of family pension in the year 2007 (almost 10 years after it was due). There still remains family pension at revised pay scale as a consequence of pay revision with effect from 1.1.1996. There still remains the question of payment of gratuity and provident fund as well as arrear of revised pension.2. The Accountant General in its counter affidavit has stated that repeated letters were being sent to the District Superintendent of Education regarding petitioner which evoked no response. Curiously, he showed...
Tag this Judgment!Venkatesh Kumar Pandey S/O Late Dwarika Nath Pandey Vs. State of Bihar ...
Court: Patna
Decided on: Mar-06-2009
C.K. Prasad, A.C.J. and K.K. Mandal, J. 1. This writ application has been filed for issuance of a writ in the nature of habeas corpus to set the petitioner at liberty.2. Short facts giving rise to the present application are that the petitioner is an accused in Muffasil P.S. Case No. 173 of 2008. He was arrested on 9.9.2008 but produced beyond 24 hours before the Magistrate on 11.9.2008 and remanded to judicial custody. According to the petitioner as he was not produced within 24 hours of his arrest, his initial order of remand is illegal and consequently detention unlawful.3. Mr. Kumar Dhirendra Pratap Singh appearing on behalf of the petitioner contends that the initial order of remand having been passed beyond 24 hours of his arrest, the order of remand is illegal and hence the writ in the nature of habeas corpus deserves to be granted to set the petitioner free. In support of the submission reliance has been placed on a Division Bench judgment of this Court in the case of Arvind K...
Tag this Judgment!Md. Kasim @ Bhuttu Son of Abdul Rajaque and Md. Nabijan @ Sukhara Son ...
Court: Patna
Decided on: Mar-04-2009
Kishore Kumar Mandal, J.1. Both the appeals are cognate as they arise out of the judgment dated order 24.11.1997 and order of conviction dated 28.11.1997, passed by the 4th Addl. Sessions Judge, Madhubani in Sessions Trial No. 182/95. Both the appeals, therefore, have been heard together and are being disposed of by the present order.2. Challenge in these appeals has been thrown to the judgment dated 24.11.1997 and order of conviction dated 28.11.1997, whereby both the appellants, namely, Md. Kasim @ Bhuttu (Cr. Appeal No. 7/98) and Md. Nabijan @ Sukhara (Cr. Appeal No. 10/98) have been held guilty under the charge(s) punishable under Section 395 IPC and sentenced to undergo R.I. for seven years.3. Background facts, in a nutshell, are as follows:The present appeals germinate out of Madhubani (Rahika P.S. Case No. 79/95), lodged by the informant Md. Zakir Hussain (P.W.4) on 25.4.1995 at 1.15 P.M. alleging therein that he along with his son Helal Akhtar (P.W.1) was returning to their ho...
Tag this Judgment!The State of Bihar Vs. Manoj Kumar Singh and Yogendra Singh
Court: Patna
Decided on: Mar-04-2009
V.N. Sinha, J.1. Death Reference Case No. 4 of 2007 and Cr. Appeal Nos. 836, 887, 960 and 1006 of 2007 arise out of Judgment and Order dated 6/7.06.2007, passed by 1st Additional Sessions Judge, Aurangabad in Sessions Trial No. 302 of 2006/76 of 2006, whereunder each of the two appellants Manoj Kumar Singh and Yogendra Singh has been convicted for the offence under Sections 364A, 302, 201 and 120B of the Penal Code and sentenced under Section 364A and 302 of the Penal Code to death with direction to be hanged by neck till they are dead. No separate sentence, however, has been awarded under Section 120B and 201 of the Penal Code. Appellants Raju Kumar Gupta and Raghubir Singh have been convicted under Sections 364A/34, 302/34, 201/34 and 120B/34 of the Penal Code and each has been awarded imprisonment for life under Sections 364A/34, 302/34 of the Penal Code and seven year's rigorous imprisonment under Sections 201/34 and 120B/34 of the Penal Code respectively with direction that the s...
Tag this Judgment!Sheo Nath Chaudhary Son of Late Mahabir Chaudhary Vs. the State of Bih ...
Court: Patna
Decided on: Mar-03-2009
Dharnidhar Jha, J. 1. The solitary appellant Sheo Nath Chaudhary was put on trial in Sessions Trial No. 419 of 1988 by the Ist Additional Sessions Judge, Rohtas at Sasaram for charges under Section 307 of the Indian Penal Code and Sections 25(1)(a) and 27 of the Arms Act and by the judgment dated 25th of May, 1993 the appellant was acquitted of the charge under Section 307 of the Penal Code and Section 27 of the Arms Act, but was found guilty of possessing two illegal arms in the nature of country made guns in a bag and was inflicted rigorous imprisonment for five years. The above judgment is being questioned in the present appeal.2. The facts of the case are very short that while on patrolling duty, the informant, S.I. Md. Anwar Khan (PW 3), was accompanied by a posse of armed forces, happened to find and arrest the appellant and on search of his bag, seized two country made pistols therefrom. It is alleged that initially the criminals started running away but they were chased and th...
Tag this Judgment!Shambhu Pandey S/O Ram Sagar Pandey Vs. State of Bihar
Court: Patna
Decided on: Mar-03-2009
Dharnidhar Jha, J.1. The solitary appellant Shambhu Pandey was put on trial with two others, namely, Rabindra Pd. Singh and Ashok Kumar Singh on Sessions Trial No. 109 of 1988/20 of 1990 and was found guilty of committing offence:) punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act. The two other accused who stood charged under Section 307 read with 109 and 307 read with 34 respectively were acquitted. The sentences inflicted upon the appellant were rigorous imprisonments of 7 years and 5 years respectively on each of the above respective courts and the same were directed to run concurrently. The above Judgment of conviction and order on sentence dated 28.6.1993 are being questioned presently in this appeal.2. The informant P.W. 1 lodged his fardbayan (Ext-2) while being treated in Samastipur hospital stating that while he was coming home, he found a commotion like situation in and around the campus of Samastipur Railway Junction in which a man was fi...
Tag this Judgment!Shankar Mehta Vs. State of Bihar
Court: Patna
Decided on: Mar-03-2009
Dharnidhar Jha, J.1. The solitary appellant Shankar Mehta was found carrying four tins full of kerosene oil, allegedly measuring sixty four litres, while traveling on a rickshaw. The informant of the case who happens to be an Assistant Sub Inspector of Town Police Station, Darbhanga along with another officer of his rank, namely, Jai Prakash Rai and a Havildar Sarfuddin Khan stopped the rickshaw, made search and seized the tins by preparing seizurelist, Exht. 2. He, thereafter, took the appellant in custody and lodged his report Exht. 3, on the basis of which, the first information report of the case, Exht. 4, was drawn. The investigation was handed over to the same informant who, after close of the same, sent up the appellant for trial for committing the offence under Section 7 of the Essential Commodities Act (E.C. Act) as being found in possession of more than twenty litres of the commodity, could be violative of the provisions of Bihar Trade Articles (Licences Unification) Order, ...
Tag this Judgment!The State of Bihar Through D.G.P., Vs. Brij Bihari Prasad S/O Late Ram ...
Court: Patna
Decided on: Mar-03-2009
1. State of Bihar and its officers aggrieved by the order dated 18th June, 2007, passed by the Patna Bench of the Central Administrative Tribunal in O.A. No. 712 of 2004, have preferred this application and pray for quashing of the aforesaid order.2. Short facts giving rise to the present application are that respondent No. 1 Brij Bihari Prasad was initially recruited as Sub-Inspector of Police on 2.1.1966. He was promoted as Inspector on officiating basis by order dated 16.7.1971 and he joined as such on 27.7.1971. However, he was promoted as regular Inspector with effect from 2.7.1978 and confirmed as such with effect from 1.4.1982. Earlier his seniority in the rank of Inspector was to be reckoned with effect from 27.7.1971, that is, the day on which he had joined as officiating Inspector but later on by order dated 13.4.1993, it was modified and his seniority as Inspector was directed to be reckoned with effect from 2.7.1978, that is, the date on which he was promoted on regular ba...
Tag this Judgment!Tantia Construction Company Ltd., a Company Incorporated Under the Ind ...
Court: Patna
Decided on: Mar-03-2009
Navaniti Pd. Singh, J.1. The present writ petition has been filed for quashing the letter No. 280 dated 18.8.2008 issued by the respondent No. 6, the Deputy Chief Engineer (Construction), Ganga Rail Bridge, East Central Railway, Digha Ghat, Patna and also for quashing the re-tender notice for the said work, 'at the risk and cost of the petitioner'. The later relief, as sought for by interlocutory application is as a consequence of re-tender issued during the pendency of the writ petition.2. The petitioner is a Company, which undertakes large civil construction work including for the Railway. It appears that over river Ganga at Digha in Patna, a railway cum road bridge is proposed to be made under the supervision of East Central Railway. Accordingly fresh railway lines have to be laid to the bridge under construction. This railway track is to cross the Bailey Road, which runs East to West from Patna - Danapur. On the said track, a road over bridge giving a clearance of 15 mtrs over the...
Tag this Judgment!Ranjit Lal Bhaiya S/O Kishan Lal Bhaiya Vs. the State of Bihar and
Court: Patna
Decided on: Mar-03-2009
Abhijit Sinha, J.1. One of the four F.I.R. named accused of Gaya (Civil Lines) P.S. Case No. 284 of 2005 has prayed for the quashing of the order dated 27.10.2005 passed therein by the learned Chief Judicial Magistrate, Gaya, whereunder he has taken cognizance under Sections 307, 379, 324 and other minor sections of the Penal Code against all the four F.I.R. named accused including the petitioner.2. Briefly stated, the prosecution case which is based on the fardbeyan given by one Bablu Lai Dhokari, impleaded herein as O.P. No. 2, inter alia is that when at around 9 P.M. on the night of 14.12.2005 he was returning to his house from the Vishnupad Temple, he was suddenly surrounded by the four F.I.R. named accused persons and 8-10 unknown others. It is also alleged that they started abusing him and demanded Rs. 50,000/- as rangdari and when he refused to oblige accused Kishan Lai Bhaiya with the intention to kill him gave a fasuli blow on his neck causing bleeding injuries and co-accused...
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