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Patna Court May 2012 Judgments

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May 13 2012

Rajan Ram Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.187 of 2012 Rajan Ram Versus The State Of Bihar 2. 13.01.2012. Heard learned counsels for the petitioner, informant and the State. The petitioner is languishing in custody since 18.10.2011 in a case registered for the offence under Sections 364,302 and 201 of the Indian Penal Code. The informants son went missing on 08.03.2011 when the F.I.R. was lodged on 12.12.2010 on recovery of dead body with accusation that the informant came to know that the F.I.R. named accused including the petitioner were seen lastly going with the deceased. Learned counsel for the informant submits that three witnesses have deposed that the victim was last seen on 08.11.2010 in the company of petitioner and others. When these witnesses saw the victim lastly in the company of the petitioner and others on 08.11.2010 then there was no occasion for not lodging the F.I.R. immediately thereafter or not disclosing this fact in the F.I.R. at least. Co...


May 13 2012

Dayamanti Devi Vs. State of Bihar and ors

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42404 of 2008 Dayamanti Devi Versus State Of Bihar & Ors ---------------------------------13. 01.2012 Perused the office notes and heard learned counsel for the petitioner. It has been submitted by the learned counsel for the petitioner that vide order dated 13.10.2011 passed by a Bench of this Court, notices were directed to be issued to opposite party nos. 2 to 6 and the requisites for issuance of notice upon opposite party nos. 2 to 6 were filed by him but inadvertently order was typed to issue notice to opposite party no. 2 only and the same has been received by his father, who is opposite party no. 5 in this application. In view of the aforesaid submission of the learned counsel appearing on behalf of petitioner, let this matter be listed before the appropriate Bench after obtaining the permission of the Honble the Chief Justice. (Rajendra Kumar Mishra, J.) Safik...


May 13 2012

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 ...


May 13 2012

Ram Nath Singh and anr Vs. the State of Bihar and ors

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1574 of 2010 In (CIVIL WRIT JURISDICTION CASE 9624 1997) 1. Ram Nath Singh, son of late Ram Dahin Singh, Retd. Associate Professor of Physics, Muzaffarpur Institute of Technology, Muzaffarpu2. Dr. Baidya Nath Choudhary, sonof late Deo Nandan Choudhary, Retd. Associate Professor of Mathematics, Muzaffarpur Institute of Technology, Muzaffarpur 3 .. Appellants Versus 1. The State of Bihar 2. The Secretary, Dept. of Science & Technology, Government of Bihar 3. The Additional Secretary, Dept. of Science & Technology, Government of Bihar 4. The Director, Dept. of Science & Technology, Government of Bihar All the above addressed at Vikas Bhavan, Bailey Road, Patn5. Dr. Ram Deo Mahto, son of Sri Muneshwar Mahto, Associate Professor of Physics, Muzaffarpur Institute of Technology, Muzaffarpur 3 .. Respondents **** /3/ 13 January, The counsel for the appellants has submitted 2012 that a Division Bench of this Court in L.P.A. No. 7...


May 13 2012

Vikash Kumar Prasad 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.512 of 2011 Vikash Kumar Prasad, Son of Late Rameshwar Prasad, resident of Village-Simra, P.S.-Belaganj, District-Gaya, at present residing at Qr. No.42 Chota Gobindpur Shesh Nagar, Road No.42, P.O.&P.S.- Chota Gobindpur, District-East Singhbhum. -Informant/Appellant. VERSUS 1 The State of Bihar.2. Munna Kumar @ Mantu, Son of Late Ajay Kumar Singh.3. Vimla Devi, W/o- Late Ajay Kumar Singh.4. Both residents of Village-Balwapar, P.O. & P.S.-Konch, District- Gaya. Accused/Fespondents. -----------------13. 01.2012 I.A. No.1269 of 2011 has been filed in this appeal against acquittal by the informant to condone the delay in filing the appeal. For the reasons stated in I.A. No.1269 of 2011, the delay is condoned. From perusal of the order-sheets of this case, it appears that this appeal has already been admitted for hearing and notices had been issued to the accused persons who have since appeared. In stead of prolonging the mat...


May 13 2012

The State of Bihar and anr Vs. Prabhakar Pandey and anr

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1782 of 2011 In Miscellaneous Jurisdiction Case No. 2405 of 2008 With Interlocutory application No. 8100 of 2011 And Interlocutory application No. 8101 of 2011 In Letters Patent Appeal No. 1782 of 2011 ====================================================== The State of Bihar & Anr .... .... Appellant/s Versus Prabhakar Pandey & Anr .... .... Respondent/s ====================================================== Appearance: For the Appellant/s : Mr. Piyush Lall, A.C. to AAG 1 For the Respondent Housing Board: Mrs. Nilu Agrawal, Advocate. ====================================================== 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. 8100 of 2011: The delay of 86 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. L.P.A.No.1782 of 201...


May 13 2012

Chhoteylal Paswan Vs. the State of Bihar and anr

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1385 of 2010 In (CIVIL WRIT JURISDICTION CASE 2249 2004) Chhoteylal Paswan, son of late Garib Das, resident of Mohalla Bari Khanjarpur, P.S. Kotwali (Barari), Town & District Bhagalpur .. Petitioner-Appellant Versus 1. The State of Bihar 2. The District Magistrate, Bhagalpur .. Respondents **** /4/ 13 January, The present Letters Patent Appeal has been 2012 filed against the order, dated 12.07.2010, of the learned Single Judge, passed in C.W.J.C. No. 2249 of 2004, which was filed seeking the benefit of time bound promotions in terms of the Finance Departments Resolution, dated 30.12.1981. The learned Single Judge having informed that the claim of such relief has accrued to the appellant in 1983 and he filed the writ petition in the year 2004 and the writ petition dismissed on the ground of delay and laches and being aggrieved by the same the present appeal has been filed. It is contended before us by the counsel for the ...


May 13 2012

Sudhir Sahni @ Dr. Sudhir Sahni Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20300 of 2011 Sudhir Sahni @ Dr. Sudhir Sahni, Son of Late Mushar Sahni, Resident of Mohalla New Abhanda, Krishna Nagar, Police Station Laheriasarai, District Darbhanga. .. Petitioner Versus The State Of Bihar .. Opposite Party ---------------------------------13. 01.2012 Heard Sri Girish Chandra Jha, learned counsel for the petitioner and Sri Shyam Bihari Singh, learned Additional Public Prosecutor. The petitioner in the present petition which has been filed under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 05.05.2011 passed by learned Chief Judicial Magistrate, Darbhanga in Laheriasarai P.S. Case No. 562 of 2010 whereby the learned Magistrate has taken cognizance of the offence under Section 302 /34 of the Indian Penal Code. Short fact of the case is that, on the basis of fardbeyan of one Gautam Kumar an F.I.R. vide Laheriasarai P.S. Case No. 562 of 2010 was registered on ...


May 13 2012

Md. Sushail @ Md. Suhaul Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.202 of 2012 Md. Sushail @ Md. Suhaul Versus The State Of Bihar 2. 13.01.2012. Heard learned counsels for the petitioner, complainant and the State. The petitioner being the husband is languishing in custody since 19.08.2011 in complaint case in which cognizance has been taken under Section 498(A) of the Indian Penal Code and 4 of the D. P. Act. Learned counsel for the complainant submits that the complainant is ready to reside with the petitioner who has married again to some other lady. The petitioner has no objection to the request of the complainant. Considering the aforesaid facts, 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., Jehanabad, in connection with complaint case no. 837 of 2010. U. K. ( Dinesh Kumar Singh, J)...


May 13 2012

Ezaj Khan Vs. the State of Bihar

Court: Patna

Decided on: May-13-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.189 of 2012 Ezaj Khan Versus The State Of Bihar 2. 13.01.2012. Heard Mr. Anand Kishore Choudhary, learned counsel for the petitioner and Mr. Anusuya Jayaswal, learned A.P.P. for the State. The petitioner is languishing in custody since 23.08.2011 in a case registered for the offence under Section 392/34 of the Indian Penal Code. The accusation is of robbing the motorcycle. Though the petitioner was identified by the informant during T. I. Parade but no recovery has been made from the petitioner. The statement has been made in the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, 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 A.C.J.M. Bagaha, West Champaran, in connection with Dhanaha P.S. Case No. 95 of 2011. U. K. ( Dinesh Kumar Singh, J)...


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