Patna Court May 2012 Judgments
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Sanjeet Rai @ Sanjeet Kumar 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.37838 of 2011 Sanjeet Rai @ Sanjeet Kumar Son of Late Aanup Lal Rai, Resident of village and P.O. Malpur, P.S. Sahra, District Muzaffarpur. ... ... Petitioner. Versus 1. The State Of Bihar 2. The Electrical Engineer, State of Bihar, State Electricity Board. ... ... Opposite Parties. ---------------------------------- 2. 13.1.2012. Heard Shri Mani Bhushan Kumar, learned counsel for the petitioner and Shri Mritunjay Nirala, learned Additional Public Prosecutor. The petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Cr.P.C., has prayed for quashing of F.I.R. in Sakra P.S. Case No.155 of 2011 registered for the offence under Section 379 of the Indian Penal Code and Sections 135 and 140 of the Indian Electricity Act. The petitioner has further prayed for stay of arrest of the petitioner in the present petition. Learned counsel for the petitioner submits that as per notification issued by ...
The State of Bihar and ors Vs. Arun Kumar Mishra
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1398 of 2011 In Civil Writ Jurisdiction Case No. 3157 of 2005 With Interlocutory Application No. 6762 of 2011 With Interlocutory Application No. 6763 of 2011 In Letters Patent Appeal No.1398 of 2011 ====================================================== The State of Bihar & Ors .... .... Appellants Versus Arun Kumar Mishra .... .... Respondent ====================================================== Appearance : For the Appellants : Mr. Dhirendra Kr.Jha, A.C. to S.C.-14 For the Respondent : Mr. Durganand Jha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 7. 13-01-2012 Interlocutory Application No. 6762 of 2011: The delay of 246 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No. 1398 of 2011 an...
Manoj Sah Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35987 of 2011 Manoj Sah, S/O-Sri Jay Narayan Sah @ Jain Sah Versus The State Of Bihar ---------------------------------13. 01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody in a case registered under Section 392 of the Indian Penal Code. Neither petitioner is named in the first information report nor anything has been recovered from his conscious possession and it appears that except confessional statement and criminal antecedent of four cases of similar nature, there is nothing against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Sadar (Mufassil) P.S. Case No. ...
Vinay Sahni 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.1093 of 2012 ====================================================== 1. Vinay Sahni.2. Mukesh Das.3. Shushil Mahto @ Sunil Kumar.4. Fekan Mahto.5. Sogarath Mahto.6. Samit Kumar @ Somit Kumar.7. Sunaina Devi.8. Tetari Devi. .... .... 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 case registered under Sections 147, 341, 342, 323, 307, 384, 387, 504, 506 and 379 of the Indian Penal Code. The accusation is of making assault and committing theft. It is submitted by learned counsel for the petitioners that the petitioners being the agnates of the informant fought for petty dispute. Considering the superficial nature of injury no case under Sections 307, 384 and 387 of the IPC is made out. A statement has been made in the petition that t...
Narendra Singh @ Sipahi Jee Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34944 of 2011 Narendra Singh @ Sipahi Jee, S/O-Late Ram Parikha Singh Versus The State Of Bihar ---------------------------------13. 01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier, the petitioner was released on bail but he left his pairvi resulting cancellation of his bail bonds on 17.09.1998 and after that petitioner could be remanded in this case on 19.02.2010 and since then he is in jail custody. The learned trial Judge has reported that out of 14 prosecution witnesses altogether 7 prosecution witnesses have already been examined and process have already been issued upon the rest prosecution witnesses to procure their attendance. Considering the aforesaid facts and circumstances as well as submissions of the parties coupled with period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bond...
Sanjay Kumar Yadav Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.160 of 2012 Sanjay Kumar Yadav Versus The State Of Bihar 2. 13.01.2012. Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the petition. Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 23.07.2011 in a case registered for the offence under Section 379 of the Indian Penal Code. The accusation is of committing theft of motorcycle. Subsequently, the alleged motorcycle was recovered from possession of petitioner for which a separate case under Section 414 of the I.P.C. was registered in which the petitioner is on bail. It is submitted that the petitioner purchased the motorcycle without knowing the fact that it was stolen motorcycle and on that ground the petitioner was granted bail. It is orally submitted that apart from the present case the petitioner is not involved in any other case. Considering the aforesaid facts, let...
Nitesh Kumar @ Nippu @ Pappu Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38743 of 2011 Nitesh Kumar @ Nippu @ Pappu Versus The State Of Bihar ---------------------------------- 3. 13.01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner being husband of the informant is in jail custody for more than 7 months in a case registered under Section 498-A/494 Indian Penal Code and of the Dowry Prohibition Act. Learned counsel for the petitioner submits that informant herself left her matrimonial home and started residing at her native place and after that petitioner filed a suit under Section-9 of the Hindu Marriage Act on 14.02.2011 and after that the present case has been filed. He further submits that the petitioner has never solemnized his second marriage and that is the reason the statement of so-called second wife of the petitioner has not been rerecord by the I.O. On the other h...
Om Prakash Tiwary @ Bablu Tiwary Vs. State of Bihar and anr
Court: Patna
Decided on: May-13-2012
1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33726 of 2010 Om Prakash Tiwary @ Bablu Tiwary, S/o Late Sudarshan Tiwary, R/o village- Sitalpur, P.s. Nokha, District-Rohtas At present Land Development Bank, Mohania, District Kaimur (Bhabua). --Petitioner Versus 1. The State Of Bihar 2. Nirala Sandhya Bharti W/o Om Prakash Tiwary @ Bablu Tiwary, S/o Late Sudarshan Tiwary, R/o Village- Sitalpur, P.S. Nokha, District-Rohtas, at present R/o Mohalla- Fazalganj, P.S. Sasaram (Town), District-Rohtas. --Opp.Partr13. 01.2012 Reply to counter affidavit has been filed. Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this complaint case, being husband of the complainant with allegation of demand of dowry, torture etc. besides having another lady. Submission is of total denial of such allegation and further petitioner is ready to resume and continue m...
Guru Dayal Yadav Vs. the State of Bihar
Court: Patna
Decided on: May-13-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.69 of 2012 Guru Dayal Yadav 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 18.08.2011 in a case registered for the offence under Section 396 of the Indian Penal Code. Initially the F.I.R. was lodged against 25-30 unknown criminals. The accusation is of committing dacoity killing one Munna Singh @ Avinash Singh. In subsequent statement the informant named the petitioner alongwith 15 persons who were seen running from the place of occurrence. It is submitted by learned counsel for the petitioner that F.I.R. was lodged after 21 hours of occurrence but none were named which clouds subsequent statement of the informant. It is further submitted that with similar accusation other accused have been granted bail by this Court. The statement has been made in the petition that the petitioner has no criminal antecedent. Considering the...
Bahadur Yadav 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.42168 o1. Bahadur Yadav, son of Chhotelal Yadav 2. Masudan Yadav, son of Upendra Yadav 3. Pappu Yadav, son of Sahdev Yadav All resident of village Bari Lagar, P.S. Parbatta, District Khagaria. -------- Petitioners. Versus The State of Bihar ----Opposite Party ****** 02. 13.01.2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The three petitioners, apprehending their arrest in connection with Parbatta P.S. Case No. 83/2011 for offences under Sections 147, 148, 149, 323, 341, 447, 307, 504, 342 of the Indian Penal Code, are named accused in this case. Submission is that petitioner no. 1 namely, Bahadur Yadav, has already been arrested. Hence, this application stands dismissed as having become infructuous with regard to petitioner no. 1 only. Out of remaining two petitioners, only petitioner no. 2 namely, Masudan Yadav carries allegation of causing injury by fire arm on ...
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