Patna Court May 2012 Judgments
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Ajay Paswan Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.95 of 2012 Ajay Paswan Versus The State Of Bihar 2. 13.01.2012. Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 03.10.2011 in a case registered for the offence under Sections 147, 148, 149, 323, 324, 353, 332, 333, 224, 307, 379 of the Indian Penal Code, Later on Sections 395, 412 of the I.P.C. and Section 27 of the Arms Act were added. F.I.R. was lodged against 25-30 unknown when the criminals not only robbed the passengers of the train but also assaulted them. From possession of petitioner one alleged robbed Mobile was recovered. It is submitted that neither the mobile nor the petitioner were put on T. I. Parade. The statement has been made in paragraph no. 12 of the petition that the petitioner has no criminal antecedent and other accused have been granted bail by this Court. It is submitted by learned A.P.P. for the State that charge sheet has been submitted un...
Chandan Kumar 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.24572 of 2011 Chandan Kumar & Anr. Versus The State Of Bihar ---------------------------------- 2. 1.2012 Heard learned counsel for the petitioner and the State. In this case, petitioner is challenging the order dated 14 th June 201 passed by the F.T.C.I, Patna in Sessions Trial No. 1240 of 2007, arising out of Gardanibagh P.S.Case No. 927 of 2007 instituted under Section 302 of the Indian Penal Code whereby and whereunder the learned court below rejected the petition under order dated 24 th November 2010 filed under Section 227 of Code of Criminal Procedure of petitioner and others for discharge from the case. A Police case was lodged on the basis of written complaint of the informant that he received information by Kumud @ Nepali that his son was being taken away. He rushed to Janta Road where he saw that his son, namely, Vijay Krishna @ Prince was killed. It appears from the records that the Police submitted the Fina...
Bablu Manjhi Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.188 of 2012 Bablu Manjhi Versus The State Of Bihar 2. 13.01.2012. Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 22.09.2011 in a case registered for the offence under Sections 141, 323, 307 and 379/34 of the Indian Penal Code. The accusation against the petitioner is of assaulting the informant by fists and slaps. It is submitted that injury has been found to be simple. Though specific accusation of assault by Fasuli has been levelled against Sitaram Manjhi and Maheshi Manjhi. Considering the nature of injury caused by the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghatti, District- Gaya, in connection with Barachatti(Mohanpur)P.S. Case No. 207of 2010. U. K. ( Dinesh Kumar Singh, J)...
Hakim @ Hareshwar Patel 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.43163 o1. Hakim @ Hareshwar Patel son of Late Triveni Patel 2. Amar Patel son of Late Triveni Patel 3. Lal Babu Patel son of Shankar Patel Versus The State Of Bihar ---------------------------------- 2. 13.1.2012 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 504/34 of the Indian Penal Code and 3(i)(x) of the SC/ST Act. Considering the nature of allegations, 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 today in connection with Nautan P.S. case No.212 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bettiah, Distt. West Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Crimin...
Ramayan Hazra 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.209 of 2012 Ramayan Hazra & Anr Versus The State Of Bihar 2. 13.01.2012. Learned counsel for the petitioners is permitted to make necessary correction in the petition. Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 14.07.2011 in a case registered for the offence under Sections 302 and 201 of the Indian Penal Code. On recovery of dead body, the Chaukidar lodged the case. None claimed the dead body hence it was cremated. Subsequently father of boy identified the deceaseds photograph. It is alleged that daughter of petitioner no.1 was enticed away by the deceased for which petitioner no.1 lodged Bairia P.S. Case No. 95 of 2011. Hence, it was suspected that since the petitioners side was threatening hence they have committed the offence. It is submitted that petitioner no.1s daughter has also not returned till date. Considering the circumstantial nature of accusati...
Prakash Kumar JaIn Vs. the Patna Regional Development
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1663 of 2011 In Civil Writ Jurisdiction Case No. 6129 of 2006 With Interlocutory Application No. 7667 of 2011 In Letters Patent Appeal No. 1663 of 2011 ====================================================== Prakash Kumar Jain .... .... Appellant/s Versus The Patna Regional Development Authority & Ors. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Shrawan Kumar Singh, Sr. Advocate. Mr. Ashok Kumar Dubey, Advocate. For the Respondent Corporation: Mr. Bishwa Bibhuti Kr. Singh, Advocate. For the Respondent no. 5: Mr. J.S.Arora with Mr. Arun, Advocates. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE13. 01-2012 Re. Interlocutory Application No. 7667 of 2011: The delay of 132 days occurred in filing the Letters Patent App...
Muso Sah @ Musahru Sah 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.43529 o1. Muso Sah @ Musahru Sah son of Late Bhola Sah R/O Village- Lausa P.S. Amrapur, Distt. Banka 2. Rukmini Devi W/O Muso Sah @ Musahru Sah,R/O Villdage- Lausa P.S. Amarapur, Distt. Banka. Versus The State Of Bihar . --------------------- 2. 13.1.2012. Heard learned counsel for the parties. The petitioners are in custody in connection with Amarpur P.S.Case No.166 of 2010 for the offence punishable under section 304B/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners herein are father-in-law and mother-in-law. Learned counsel for the petitioners, with reference to the allegation made in the F.I.R, submits that admittedly the son of the petitioners is working in Nepal and was not present at the time of alleged occurrence. He further submits that during the course of investigation, it has come that these petitioners were living separate from the deceased. It is further submitt...
Brajesh Maharaj Vs. the State of Bihar and ors
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.1156 of 2011 Brajesh Maharaj Versus The State Of Bihar & Ors ---------------------------------13. 1.2012 We have heard Mr. Amrendra Kumar Jha, at length in support of this appeal against acquittal and for enhancement of sentence. Upon information given by the appellant, four persons were charged. Arbind Kumar Akela was charged and found guilty under Section 307/34 of the Indian Penal Code and sentenced to three years rigorous imprisonment, Sanjay Kumar Jaiswal was charged under Section 307 IPC and sentenced to seven years rigorous imprisonment. This appeal is for enhancement . So far as Bikas Mandal and Ranjan Kumar are concerned, though they were charged under Section 307/34 of the Indian Penal Code they have been acquitted of all charges. Thus the appeal in respect of them is against their acquittal. Appellant is the informant and as per fardbeyan lodged by him , his case was that while driving his motor cycle on NH 30....
Sanjay Singh Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.1052 of 2011 Sanjay Singh Versus The State of Bihar ----------------13. 01.2012 Heard Mr. Rana Pratap Singh, learned Senior Counsel appearing in support of the bail application for the sole- appellant. From perusal of records, we find that there is direct and consistent evidence against the appellant shooting at the deceased which ultimately laid to his death. There were other injuries also on the deceased. It is submitted that there is a counter case but beyond the F.I.R. there is no further evidence on record. In view of the aforesaid, we are not inclined to grant the privilege of bail to the appellant at this stage. However, if the case is not listed for hearing within two years, the appellant would be at liberty to renew his prayer for bail considering the fact that he is in custody since 2007. (Navaniti Prasad Singh, J.) Trivedi/ (Ashwani Kumar Singh, J.)...
Ramesh Kumar Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31266 of 2011 Ramesh Kumar S/o Late Sitaram Rai, R/o Village- Batara, P.S. Nanpur, District-Sitamarhi. --Petitioner Versus The State Of Bihar --Opp.Party For the Petitioner : Mr. Mritunjay Kumar For the State : Mr. Damodar Pd. Tiwary,AP13. 01.2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this case with allegation of kidnapping minor dauther of the informant for the purpose of marriage etc. Submission is that out of sweet relationship the victim herself went with the petitioner with her free will and consent and has already married with the petitioner and the couple has one male child out of this wed lock. The victim, in her statement under Section 164 of the Code of Criminal Procedure, also has stated all such facts. Further, taking into consideration of such events, parties have entered into compromise and petition to th...
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