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Patna Court May 2012 Judgments

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May 13 2012

Anil Kumar Gupta @ Anil Sah Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.892 of 2012 Anil Kumar Gupta @ Anil Sah Versus The State Of Bihar ---------------------------------- 02. 13.01.2012 Petitioner is apprehending his arrest in a case registered for the offences under Sections 7 of the Essential Commodities Act. 95 quintals of rice and 29 quintals of wheat were seized from the possession of the petitioner suspected to be of supply of PDS dealers. It is submitted by learned counsel for the petitioner that only because of the FCI stamps on the bags, suspicion has been raised. Moreover the seizure list does not depict the place and time of the seizure. Considering the suspicious nature of accusation, let the petitioner namely Anil Kumar Gupta @ Anil Sah, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the sat...


May 13 2012

Sri Ram Sah @ Ram Sah Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.991 of 2012 Sri Ram Sah @ Ram Sah Versus The State Of Bihar ---------------------------------- 02. 13.01.2012 Petitioner being PDS dealer is apprehending his arrest in a case registered for the offences under Sections 409 of the I.P.C. It is alleged that the grains supplied under Sunischit Rojgar Yojana during financial year 2001-02 and 2004-05, to the tune of Rs. 6,60,519/- has been misappropriated. It is submitted by learned counsel for the petitioner that for the scheme of 2001-02 and 2004-05 the F.I.R. was lodged in 2011 without conducting proper enquiry as major parts of the grains have been distributed which has been certified by the beneficiaries concerned and only parts of the grains were not distributed, to which petitioner is ready to deposit the amount on verification by the authorities. It is further submitted that other similarly situated accused persons have been granted anticipatory bail in the matter. Co...


May 13 2012

Baleshwar Singh and anr. Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 43203 o1. Baleshwar Singh, S/o Late Rupanarayan Singh R/o Vill.-Rajapur Lahalad Chak, P.S.-Nayagaon, Dist.- Saran at Chapra.2. Ravi Singh @ Ravi Kumar Singh, S/o Late Yogeshwar Singh, R/o Vill.-Danapur, Takiyapar, P.S.-Danapur, Dist.-Patna. Versus 1. The State of Bihar ------------------ 02. 13.01.2012 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 366A and 363 of the Indian Penal Code. It has been submitted that the son and brother- in-law of the petitioners respectively have married the daughter of the informant and now they have a child of the said marriage. Considering the same, let the petitioners, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Tho...


May 13 2012

Barister Singh Kushwaha @ Barister Kushwaha @ Valister Singh Vs. the S ...

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12 of 2012 ====================================================== Barister Singh Kushwaha @ Barister Kushwaha @ Valister Singh Kushwaha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================13. 01-2012 Heard learned counsels for the petitioners and the State. The petitioner is apprehending his arrest in a case registered under Section 379 of the Indian Penal Code and Section 135 and 138 of the Electricity Act. The accusation is of committing theft of electricity. The loss has been calculated to the tune of Rs. 75,000/-. It is submitted by learned counsel for the petitioner that he was a bona fide consumer and falsely the case has been lodged. The petitioner is ready to deposit Rs. 35,000/- before the learned court below within a period of six months which will be subsequently released in favour of the Electricity Board. The aforesaid deposit of t...


May 13 2012

Parmila Devi and ors Vs. Smt.Kanti Devi and ors

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.433 of 1996 Parmila Devi & Ors Versus Smt.Kanti Devi & Ors ---------------------------------- 32. 13.01.2012 Heard the learned counsel for the parties on I.A. No.10428 of 2010. The learned counsel for the appellants submitted that since there was strand relationship between the appellant and the respondent no.2 and the respondent no.2 was residing in Jharkhand somewhere at Dhanbad. The appellants had no knowledge about the death of respondent no.2. In injunction matter, notices were issued and when service report came that she has died, the appellants came to know about her death. According to the learned counsel, she had not contesting the suit in the court below although, filed the written statement. The learned counsel further submitted that in view of the above facts and circumstances of the case, there was delay in filing the substitution application. Heard the learned counsel for the respondent also. In view of submission o...


May 13 2012

Chandan Kumar Verma @ Chandan Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1099 of 2012 ====================================================== Chandan Kumar Verma @ Chandan Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================13. 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 Section 420 of the Indian Penal Code. It is alleged that the complainant purchased certain lands from the landholder but in the land record the name of the village was given different name. It was agreed between the vender and vendee that a correction deed will be executed but subsequently, the correction deed was not executed and the land was sold in favour of some other person, the petitioner was scribe of the second sale deed. Considering the fact that the thrust of the accusation is against the vendee, let the above na...


May 13 2012

Sukhdeo Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42218 of 2011 Sukhdeo Yadav, son of Latan Yadav ---- Petitioner. Versus The State Of Bihar --Opposite Party ********* 02. 13.01.2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Barachatti P.S. Case No. 302/2011 for offences under Sections 341, 447, 427, 379, 504 of the Indian Penal Code and Section 3(x) of SC/ST Act, is one of the named accused in this case of simple assault and abuse. This case appears squarely covered under the decision of Apex Court in a case Jorgia Pentiah Vs. State of A.P. reported in 2009(1) BCCR 153 SC). Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to th...


May 13 2012

Pahal Mochi Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42163 of 2011 Pahal Mochi, Son of Amiraka Mochi, R/o Village Bariki, Akauna, P.S. Ghosi, District Jehanabad. .Petitioner Versus The State Of Bihar ..Opposite Party ------------------ 02/- 13/01/2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 448, 376, 511, 504/34 of the Indian Penal Code, is one of the named accused in this case, wherein, the main and graver allegation is against non-petitioner Dinesh Mochi. Moreover, the police after investigation submitted final form taking a different view cognizance has been taken. Further, petitioner has no criminal antecedent. If, it is so, and taking into consideration the nature of allegations attributed against the petitioner, in the event of his arrest/surrender before the court below within four weeks, l...


May 13 2012

Mohan Kunwar Vs. the State of Bihar and anr.

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33554 of 2011 Mohan Kunwar Versus The State of Bihar & Anr. ---------------------------------- 2. 13.01.2012 Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mrs. Nirmala Kumari, learned A.P.P. for the State are present. Learned counsel for the petitioner is permitted to implead the accused persons in Jainagar P.S. Case No. 82/06 as opposite parties in the present case. This application is for quashing the order dated 17.8.2011 passed by the Sessions Judge, Madhubani in Cr. Misc. No. 8/2011 by which he has dismissed the miscellaneous application filed on behalf of the petitioner for transferring G.R. No. 793/06, Tr. No. 4037/10 arising out of Jainagar P.S. Case No. 82/06 from the Court of Judicial Magistrate, 1st Class, Madhubani to the Court of Additional District & Sessions Judge, F.T.C.- III, Madhubani where Sessions Trial No. 13/07 arising out of Jainagar P.S. Case No. 81/06 which is the counter case, i...


May 13 2012

Sunil Kumar Singh @ Sunil Singh and ors Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1095 of 2012 ====================================================== 1. Sunil Kumar Singh @ Sunil Singh.2. Sushil Kumar Singh @ Sushil Singh.3. Ganeshwar Prasad Singh @ Ganesh Prasad Singh @ Ganesh Prasad. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================13. 01-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a complaint case in which cognizance has been taken under Sections 420, 465, 468, 471 and 504 of the Indian Penal Code. It is alleged that petitioner no.1, Sunil Kumar Singh @ Sunil Singh used to deal the stolen cars and the complainant purchased the vehicle for consideration money of Rs. 4,60,000/- for which Rs. 4,00,000/- were paid but rest Rs. 60,000/- was to paid after handing over of the original documents of the vehicle but the same was never handed over to the complain...


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