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Patna Court May 2012 Judgments

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May 25 2012

Managar Pd.and ors Vs. Moti Chand Pd.and ors

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.293 of 1990 Managar Pd.& Ors Versus Moti Chand Pd.& Ors ---------------------------------- 22. 25.01.2012. Perused the office note dated 24.01.2012. The learned counsel for the respondent submitted that because of mistake in serial number of the appellant mentioned in the application by the respondent as well as the appellant in place of appellant No.4, it has wrongly been typed as appellant No.3 in the order dated 03.01.2012. From perusal of the memo of appeal, it is clear that in fact Smt. Bhojiya Devi is appellant No.4. The applications were filed for substitution of her legal representative. Therefore, in view of the above fact, the order dated 03.01.2012 is modified to the extent that wherever appellant No.3 is mentioned in the said order shall be read as appellant No.4. The respondent may correct the serial number of the appellant in his application. Sanjeev/- (Mungeshwar Sahoo,J.)...


May 25 2012

Anandi Mukhiya and anr. Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

Patna High Court Cr.Misc. No.2572 of 2012 (2) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2572 of 2012 ====================================================== Anandi Mukhiya & Anr. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH25. 01-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 406 and 409/34 of the Indian Penal Code. It is alleged that in 2001, 2004 and 2005, the petitioners lifted the grains being the P.D. S. dealers under Sampuran Gramin Rojgar Yojna and Food for Work schemes but misappropriated the money with regard to grains by not distributing to the beneficiaries. It is submitted that without verifying the documents on record, F.I.R. has been lodged as the a...


May 25 2012

The Union of India and ors Vs. Smt.Jagdamba Devi

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.2034 of 2011 In Civil Writ Jurisdiction Case No. 816 of 2008 With Interlocutory Application No. 8974 of 2011 In Letters Patent Appeal No. 2034 of 2011 ====================================================== The Union of India through the Secretary, Ministry of Home Affairs, Freedom Fighter Division, Lok Nayak Bhawan, Khan Market, New Delhi & Others. .... .... Respondents/Appellants Versus Smt.Jagdamba Devi, Widow of Late Hari Kant Jha, resident of village- Gopalpur, Post Office-Pindaruch, P.S.-Kavitaul, District-Darbhanga, Bihar. .... .... Petitioner/Respondent ====================================================== Appearance : For the Appellant/s : Mr. Ragib Hassan, ASSG. Mr. Sanjay Kumar Pandey, Advocate. For the Respondent/s : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE25. 01-201...


May 25 2012

Saifullah Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2400 of 2012 ====================================================== Saifullah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH25. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 323, 504, 419 and 420/34 of the Indian Penal Code. It is alleged that the petitioner was given Rs. 40,000/- at the instance of accused Hafeez for purchasing of six decimals of land from one Sarif Ansari but the money was given to the petitioner on the mistaken identity that he is Sarif Ansari. It is submitted by learned counsel for the petitioner that there is no proof with regard to the payment and for the occurrence of 04.09.2009,...


May 25 2012

Govind Kumar Agarwal Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

Patna High Court Cr.Misc. No.2533 of 2012 (3) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2533 of 2012 ====================================================== Govind Kumar Agarwal .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH25. 01-2012 Petitioner is apprehending his arrest in a case registered for the offences under Sections 7 of the Essential Commodities Act. Three LPG domestic gas cylinders were recovered from the restaurant of the petitioner. It is submitted by learned counsel for the petitioner that cylinders belong to the employee of the petitioner and petitioner has commercial gas connection and the cylinders were not found hooked up with oven at the time of raid. Considering the aforesaid facts, let the petitioner namely Govind Kumar Agarwal, in the eve...


May 25 2012

Bishundeo Sharma Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2934 of 2012 Bishundeo Sharma, Son of Basant Sharma, resident of village Haripur, Police Station Forbesganj, District, Araria. .................. Petitioner. Versus The State of Bihar .................. Opp. Party. ---------------------------------- 02/ 25.01.2012 Heard. This is a petition for regular bail for the offence under Sections 302 and 201/34 of the Indian Penal Code. However, there is allegation that the son-in-law of the informant took her daughter for visiting drama and thereafter she heard rumor that the dead body of her daughter has been recovered under the canal and it is alleged that the son-in-law along with the others including this petitioner has done to death and concealed the dead body. Learned counsel for the petitioner submits that except the suspicion there is nothing against the petitioner and the husband of the victim Ashok Sharma who is alleged to have taken the victim and the co-accused in th...


May 25 2012

Jagarnath Mahto Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2432 of 2012 ====================================================== Jagarnath Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH25. 01-2012 Heard learned counsel for the petitioner and learned counsel for the State Mr. M. Haque. Petitioner is apprehending his arrest in a case registered for the offences under Sections 452, 341, 354 of the I.P.C. and Section 3(1)(X) of S.C. & S.T.(Prevention of Atrocities) Act. Accusations are of making assault and trying to outrage the modesty of the informant. It is submitted that the provisions of S.C. & S.T. Act was added after fifty days of the occurrence. It is submitted by learned counsel for the petitioner that there is counter version of the occurrence also and petitioners side earlier al...


May 25 2012

Sabir HussaIn @ Sabir Miyan Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1193 of 2012 Sakir Hussain Ansari Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.1684 of 2012 Sabir Hussain @ Sabir Miyan Versus The State Of Bihar ---------------------------------- 2/ 25.1.2012 Heard learned counsels for the petitioner and the State. The petitioners of two petitions are languishing in custody since 30.10.2011 and 8.12.2011 in a case registered under sections 120B, 420, 468 and 471 of the Indian Penal Code. It is alleged that from the jail, some mobiles were recovered. The mobiles are alleged to have been purchased from the shop of petitioner Sakir Hussain Ansari whereas it is alleged that the SIM Card was in the name of one Mateshwari Devi, who has alleged that other petitioner Sabir Hussain alias Sabir Miyan being Mukhia, took her signature for loan and that has been misutilized for getting the SIM card. Said Mateshwari Devi has not been made accused. Cons...


May 25 2012

Ram Awadhesh Singh Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

Patna High Court Cr.Misc. No.3060 of 2012 (2) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3060 of 2012 ====================================================== Ram Awadhesh Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA25. 01-2012 Heard. This is an application seeking modification in order dated 14.12.2011 passed in Cr. Misc. No. 36358/2011 in connection with Narayanpur P.S. Case No. 14/2006, pending before Chief Judicial Magistrate, Bhojpur at Ara. Submission is that in the petitioners address instead of Udwantnagar, inadvertently Yaduvansh Nagar has wrongly been typed, accordingly, error occurred in the order. Learned counsel for the petitioner is permitted to make necessary correction in the petitioners address during course of the day and order dated 14.12....


May 25 2012

Suresh Ram Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1204 of 2012 Suresh Ram Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.2171 of 2012 Hemant Ram @ Ashutosh Jee Versus The State Of Bihar ---------------------------------- 2/ 25.1.2012 Heard Mr. A.K. Sah, learned counsel for the petitioners and Mr. Uma Shankar Pd. Singh, learned counsel for the State. The petitioners are languishing in custody since 12.8.2011 in a case registered under sections 25(1-b)a, 26 and 35 of the Arms Act and section 17 of the C.L.A. Act. From petitioner Suresh Ram, one red banner and a mobile were recovered. The said mobile was claimed by the petitioner Suresh of his own. From petitioner Hemant Ram alias Ashutosh Jee, one loaded country made pistol was recovered. Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing the bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the sat...


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