Patna Court August 2011 Judgments
Shiva Shankar Verma and ors. Vs. the State of Bihar Through Vigilance ...
Court: Patna
Decided on: Aug-19-2011
Dharnidhar Jha, J.- The present batch of four appeals arises out of an order passed by the learned Additional District and Sessions Judge-cum-Authorised Officer, Patna, on 17.3.2011 under Section 15 of the Bihar Special Courts Act, 2009, in connection with Special Case No. 3 of 2010 arising out of Special Vigilance Unit Case No. 2 of 2007 under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 by which the learned Authorised Officer directed the assets belonging to appellant Shivashankar Verma worth Rs. 1,43,96,265/- be confiscated to the State of Bihar. It was further directed that appellant Shivashankar Verma surrender or deliver possession of the assets shown in paragraph 24 of Annexure- IV appearing at serial nos. 1 to 13 to the District Magistrate, Patna who was to take possession of all the movable and immovable assets within thirty days from the date of the service of the order, failing which the District Magistrate, Patna or the Authorised Offic...
Tag this Judgment!The State of Bihar and ors. Vs. Vishwanath Pandey, S/O Late Dadan Pand ...
Court: Patna
Decided on: Aug-19-2011
1. This L.P.A. has been filed against the order dated 19.2.2009 passed by the learned Single Judge in C.W.J.C. No. 7218 of 2007, inter alia, allowing the writ petition and directing the District Superintendent of Education, Buxar, to make correction in the appointment letter vide Memo No. 201 dated 25.11.2006 of the petitioner (Respondent herein) and for making payments of arrears and current salary of the Respondent, thus effectively granting the Respondent the regular pay scale applicable in respect of his appointment as teacher as prayed for, in place of the fixed salary payable in terms of the aforesaid appointment letter. 2. The brief facts relating to the case may be narrated hereinafter. 3. The undisputed facts of the case are that the father of the Respondent, an Assistant Teacher, died in harness on 14.10.2004, pursuant to which the Respondent made an application on 05.02.2005 for his appointment on compassionate basis. 4. As the requested appointment was not forthcoming, the ...
Tag this Judgment!Munna Singh Son of Ram Sagar Singh and ors. Vs. State of Bihar
Court: Patna
Decided on: Aug-19-2011
1. Amaresh Kumar Lal, J. Mr. Krishna Prasad Singh, learned senior counsel for the petitioners submits that petitioner no. 5, Ram Sagar Singh died on 11.1.2004, as such the proceeding is abated against him and his name may be permitted to be deleted. 2. The prayer is allowed. 3. The name of petitioner no. 5, Ram Sagar Singh is permitted to be deleted. 4. The petitioners have preferred this revision application against the judgment and order dated 8.4.2002 passed by learned 5th Additional Sessions Judge, Samastipur in Cr. Appeal No. 80 of 1997 by which the judgment and order dated 17.6.1997 passed by learned Judicial Magistrate, 1st Class, Rosera in G. R. No. 294 of 1987, T. R. No. 69 of 1997 arising out of Bibhutipur P. S. Case No. 101 of 1987 has been confirmed and the appeal has been dismissed. 5. The prosecution case, in brief, is that on 6th June 1987 at about 8 a.m., the informant, Jai Jai Ram Singh was going to watch his field. The accused Munna Singh, Ramakant Singh, Sri Krishna ...
Tag this Judgment!Ranjeet Kumar Jha Vs. the State of Bihar
Court: Patna
Decided on: Aug-19-2011
(Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Having heard Shri G.P. Jaiswal, learned Senior Counsel, amicus curiae, at our request in support of the appeal and Shri Ashwani Kumar Sinha, learned Additional Public Prosecutor, we propose to dispose of this appeal at this stage itself. For the reasons in detail recorded in our order dated 04.08.2011 briefly stated when the appeal was listed before us for consideration of the handwritten application sent by the appellant praying for bail stating that though he was literate he was unable to engage any counsel being poor and his earlier bail applications to this Court had already been rejected several times, we found to our shock and dismay that the trial Court in its judgment under appeal had found the appellant to be about 28 years of age which would have made him about 16 years at the time when the alleged occurrence took place for which he was sentenced to life imprisonment. We became curious and anxious in this regard. What shocke...
Tag this Judgment!Gorakh Mishra @ Kanhaya Mishra Vs. the State of Bihar
Court: Patna
Decided on: Aug-18-2011
1. Heard learned Amicus Curiae for the appellant and learned counsel for the State. 2. The appellant has been convicted for offence under Section 304 Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years, though, trial commenced for offence under Section 302/34 of the Indian Penal Code against two accused persons. 3. The prosecution case as alleged that while both accused and appellant were playing card which caused some dispute and they got entangled by which Madan Mishra fell down and during scuffle it is alleged that accused Gorakh Mishra alias Kanhaya Mishra picked up a Fahuri which was kept for removing cow dung gave two blows which caused the death. However, occurrence is of the year 1987 and taking into consideration the nature of allegation and evidence it can well be inferred that there was no intention to kill. 4. Having regard to the facts and circumstances, since the occurrence is of the year 1987 and occurrence took place in a scuf...
Tag this Judgment!Haidar Ali and anr. Vs. the State of Bihar
Court: Patna
Decided on: Aug-18-2011
1. Heard learned counsel for the appellants and learned counsel for the State. 2. The appellants have been convicted for offence under Section 324/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. 3. From perusal of the record and as per prosecution case it appears that both the appellants and prosecution party are full brother living in the same house and occurrence is of the year 1985. However, conviction and sentence has been maintained under Section 324 of Indian Penal Code, but benefit of under Section 360 Cr.P.C. has not been provided. 4. Hence I hereby ordered that appellants are entitled for benefit under Section 360 Cr.P.C. 5. However, the occurrence is of the year 1985 and not any report against the appellants for their misconduct and hence the appellants are ordered to be released within benefit under Section 360 Cr.P.C. 6. Hence with this observation, this appeal is disposed of....
Tag this Judgment!Birmani Prasad, Son of Late Ganauri Mahto and ors. Vs. the State of Bi ...
Court: Patna
Decided on: Aug-18-2011
1. Amaresh Kumar Lal, J. The accused-petitioners have preferred this revision application against the judgment and order dated 13.12.2001 passed by 3rd Additional District and Sessions Judge, Nalanda at Biharsharif in Cr. Appeal No.28/95 by which the appeal has been dismissed confirming the judgment and order dated 5.05.1995 passed by the learned Judicial Magistrate, Ist class in G.R.No.3362/89, Trial No.89/95. The prosecution case, in brief, is that on the written information given by the informant Sri Mahto, Silao (Nalanda) P.S. Case No.523/89 was instituted against the accused stating therein that on 7.12.1989 at about 7.00 A.M., the accused Brijnandan Prasad started to demolish the wall of the informant, which was protested by the informant. Thereafter, the accused Brijnandan Prasad gave Lathi blow to the informant. Birmani Prasad and Ganauri Mahto also came there and assaulted him with Lathi. On Hulla, Hari Prasad, Akhilesh Prasad and Sabitri Devi came there for rescue, who were a...
Tag this Judgment!indu Singh and ors. Vs. Awadh Kishore Singh and ors.
Court: Patna
Decided on: Aug-17-2011
(1) Mungeshwar This First Appeal has been filed by the plaintiffs-appellants Sahoo, J. against the judgment and decree dated 10.07.2008 passed by Sri K.K.Mahtha, the learned Subordinate Judge I, Jamui in Eviction Suit No.1 of 1997 whereby the learned Court below dismissed the plaintiff's suit for declaration of right, title and interest of Schedule-1 premises and for eviction of defendant nos.1 and 2 from room no.6 and 10 mentioned in the sketch map in the Schedule-2 of the plaint. (2) The plaintiff's filed the aforesaid suit alleging that Pitambar Singh had four sons namely Kamla Prasad Singh, Bindeshwari Prasad Singh, Triveni Singh and Saryug Singh. The plaintiffs and the defendants, first set belonged to branch of Saryug Singh. The defendants, second set belonged to the branch of Bindeshwari Prasad Singh. Saryug Singh died leaving behind Tripurari Prasad Singh, Brij Bihari Singh and Awadh Kishore Singh. The plaintiffs are the heirs of late Tripurari Prasad Singh who died in 1988. In...
Tag this Judgment!Maujilal Mehta, S/O Jamun Mehta and ors. Vs. the State of Bihar
Court: Patna
Decided on: Aug-16-2011
1. Heard the counsel for the appellants and the State. 2. The appellant no. 3, Khusilal Mehta, has been convicted under Section 147 of the Penal Code and sentenced to undergo rigorous imprisonment for six months and others convicted under Section 325 of the Penal Code and sentenced to undergo rigorous imprisonment for three years and rest of the appellants are convicted under Sections 147 and 323 and sentenced to undergo rigorous imprisonment for six months and, further sentenced under Sections 325/149 of the Penal Code and sentenced to undergo rigorous imprisonment for three years. However, it has been ordered that all the sentences shall run concurrently. 3. The prosecution case, as alleged in the fardbeyan that at 08.30 a.m. on 03.11.1988, the informant asked his cousin brother, Khusilal Mehta to show deed regarding partition by the Panchayati of the ancestral land otherwise he will break the ridge and will consolidate the land on which there was verbal altercation and then Khusilal...
Tag this Judgment!Anita Kumari Vs. State of Bihar
Court: Patna
Decided on: Aug-16-2011
1. Amaresh Kumar Lal, J. The accused petitioner has preferred this revision application against the judgment and order dated 5.03.2002 passed by the learned 1st Additional Sessions Judge, Begusarai in Cr. Appeal No.97/99 by which he has dismissed the appeal and upheld the judgment and order of conviction and sentence passed by the learned trial court in G.R. No.146/95 arising out of Phulwaria P.S. Case No.27/1995 by which the petitioner has been convicted and sentenced to simple imprisonment for one year under Section 323 of the I.P.C. and one month under Section 341 of the I.P.C. and both the sentences to run concurrently. 2. The prosecution case, in brief, is that the informant Bhim Shankar Manuansha, the Managing Director of Barauni Dairy was on way to his office. On 9.05.1995 at 10.15 A.M. the petitioner, an employee of the said Dairy assaulted and abused him. On the basis of the written report dated 9.05.1995, Phulwaria P.S. Case No.27/95 was instituted against the petitioner. Aft...
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