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Patna Court May 2012 Judgments

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May 12 2012

Bittu Tiwari Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44744 of 2011 Bittu Tiwari Versus The State Of Bihar ---------------------------------12. 01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 13-05-2011 in a case registered under Sections-379, 411 of the Indian Penal Code on the charges that he was caught just after the alleged occurrence with stolen money but submission on behalf of the petitioner is that the petitioner does not have any criminal antecedent and he has already been punished by remaining in jail custody for a long period. Accordingly, the petitioner, namely, Bittu Tiwari is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Saharsa Sadar P. S. Case No. 217 of 2011 to the satisfaction of Chief Judicial Magistrate, Saharsa. AKV/- (Hemant Kumar Srivastava,J.)...


May 12 2012

Rabindra Choudhary and ors Vs. the State of Bihar and ors

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No. 1677 of 2011 In Civil Writ Jurisdiction Case No. 6509 of 2010 With Interlocutory Application No. 7714 of 2011 And Interlocutory Application No. 211 of 2012 In Letters Patent Appeal No. 1677 of 2011. ====================================================== 1. Rabindra Choudhary, S/o Late Sitab Lal Choudhary, R/o Village - Ganjpar, P.S. - Ekma, District - Saran at Chapra 2. Abida Khatoon, W/o Jakir Hussain, R/o Village - Hansrajpur Gopali, P.O. + P.S. - Ekma, District - Saran at Chapra 3. Jhumni Devi, W/o Parmeshwar Majhi, R/o Village, P.O. and P.S. - Ekma, District - Saran at Chapra .... .... Petitioners / Appellants Versus 1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna (Bihar) 2. The Principal Secretary, Department of Urban Development, Government of Bihar, Patna 3. The Joint Secretary, Department of Urban Development and Housing Deptt., Government of Bihar, Patna 4. The District Magistrate cum ...


May 12 2012

Ram Gopal Prasad Yadav Vs. State of Bihar and anr

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40083 of 2010 Ram Gopal Prasad Yadav son of Late Sothi Bhagat, resident of Mohalla-Chowk Shikarpur, Police Station-Chowk, District Patna Petitioner Versus 1. State of Bihar 2. Kaushalya Devi wife of Ram Gopal Prasad Yadav, resident of Mohalla-Chowk Shikarpur Nala Par, Post Office Chowk, Police Station-Chowk, District Patna. Opposite Parties ---------------------------------12. 01.2012 1. Heard the learned counsel appearing on behalf of the petitioner and the State.2. The present application has been filed for quashing order dated 19.08.2010 passed by the learned Judicial Magistrate Ist Class, Patna City in Complaint Case No.51/2006 whereby the learned Court has rejected the petition dated 02.06.2010 for dropping the criminal proceeding against the petitioner.3. Earlier a Complaint Case No.440 ( C ) of 2003 was filed on 28.02.2003 before the learned Chief Judicial Magistrate, Patna by the Complainant Kaushalya Devi, O.P ...


May 12 2012

Jangali Yadav Vs. State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.563 of 2009 Jangali Yadav Versus State of Bihar -----------------12. 01.2012 I.A. No. 2602 of 2011 In view of the fact that the appellant is in custody since 3.1.2005 which has been inadvertently recorded as 3.11.2005 in order dated 6.4.2010 and there is no likelihood of the appeal being taken up for hearing in near future. Considering the aforesaid facts, during pendency of the appeal, the appellant is directed to 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 the learned Additional Sessions Judge-I, Bhojpur at Ara in connection with Sessions Trial No. 329 of 2005 arising out of Barhara P.S. Case No. 130 of 2004. Realization of fine, if any, shall remain stayed. I.A. No. 2602 of 2011 is accordingly allowed. (Navaniti Prasad Singh, J.) Sanjeet/ (Ashwani Kumar Singh, J.)...


May 12 2012

Nand Kishore Sharma and ors. Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.947 of 2012 Nand Kishore Sharma & Ors. Versus The State Of Bihar 2. 12.01.2012. Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 447, 448, 384, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act. The accusations are of entering into the house of the informant, making extortion of demand and resorting to firing which hit on the wall. It is submitted by learned counsel for the petitioners that during investigation the accusation was found false and final form was submitted but differing with the same cognizance has been taken against the petitioners. It is further submitted that there is land dispute between the parties and probate case is also going on for the land dispute. Considering the aforesaid facts, let the petitioners, Nand Kishore Sharma, Brij Kishore Sharma, Durgesh Kumar, and Montu Sharma, be released on bail in...


May 12 2012

Manish Narayan Vs. Sri Anjani Kumar Singh and ors

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.678 of 2011 Manish Narayan Versus Sri Anjani Kumar Singh & Ors ------------------ 11/ 12.01.2012 On 06.01.2012, this Court was given to understand on behalf of the State that LPA has been preferred against the single Judge Order and, therefore, the matter be deferred till the disposal of LPA. This case has come under the heading To Be Mentioned at the instance of the petitioner. The petitioner has grievance that it is on account of tactics of the opposite parties that even the initial applications filed in LPA No.1965 of 2011 are not being heard expeditiously which is seriously disputed by the counsel for the State. Since this Court has already deferred the hearing of the matter till the disposal of the LPA, I am unable to modify the order. However, it is expected that the State will take all expedient steps for getting the matter heard at an early date. JA/- (Anjana Prakash,J.)...


May 12 2012

Manoj Verma Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44754 of 2011 Manoj Verma Versus The State Of Bihar ---------------------------------12. 01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner, being husband of the deceased, is languishing in jail custody since 07-10-2011 in a case registered under Sections-304B, 498A, 120B of the Indian Penal Code. According to prosecution case itself, the alleged occurrence took place on 20-12-2010 and the deceased died in course of treatment on 25-12-2010 but the Complaint Case was filed on 15-01-2011 which was converted into police case. The contention of learned counsel for the petitioner is that as a matter of fact, the deceased was caught in fire accidentally while she was cooking food and after the alleged incident, the deceased was immediately taken to Buxar Sadar Hospital from where she was referred to BHU and she died in BHU in course of her treatment. It is furth...


May 12 2012

Anita Kumari Vs. the State of Bihar and ors

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4575 of 2011 Anita Kumari W/O Arvind Kumar Vishwakarma R/O Vill.-Belai, P.S.- Nabinagar, Distt.-Aurangabad. .. Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, H.R.D. Deptt., Govt. Of Bihar, Patna.3. The Director, Primary Education, H.R.D. Deptt., Bihar, Patna.4. The District Magistrate, Aurangabad.5. The District Superintendent Of Education, Aurangabad. Null Null 6. The Mukhiya, Belia Gram Panchayat, Nabinagar Block, Aurangabad.7. The Panchayat Secretary, Belia Gram Panchayat, Nabinagar Block, Aurangabad.8. Trilok Singh S/O Ram Baran Singh R/O Vill.-Belai, P.S.- Nabinagar, Distt.-Aurangabad. .. Respondents ---------------------------------- 02. 12.01.2012 Even according to the petitioner as per the averment made in the Writ Application, petitioner was only a Panchayat Shiksha Mitra. She went on a long leave without any authorization may be because she was in a family way. But the fact that she ...


May 12 2012

Birendra Nath Tiwary Vs. the B R a Bihar University ,mu

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.664 of 2012 ====================================================== Birendra Nath Tiwary .... .... Petitioner/s Versus The B R A Bihar University, Muzaffarpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad No.-1 For the Respondent/s : Mr. Anjani Kumar Aag10 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL12. 01-2012 Learned counsels for the petitioner, the respondent B.R.A. Bihar University and the State are present. Petitioner seeks modification/revision of the pension w.e.f. 1.1.2006 and to make payment of arrears of pension w.e.f. 1.4.2007. Another prayer is to modify the Pension Rules enabling the petitioner to draw full pension on completion of 20 years of service. Reliance in this regard has been placed on par...


May 12 2012

Ainul Haque Vs. the State of Bihar and ors

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.129 o1. Ainul Haque Son Of Late Haroon Mian Resident Of Sugauli, Ward No. -7, Police Station - Sugauli, District - East Champaran At Motihari Petitioner. Versus 1. The State Of Bihar 2. The District Magistrate - Cum - The District Collector, East Champaran, Motihari 3. The Sub Divisional Officer, Motihari Sadar, East Champaran - Respondents12. 1.2012 Heard learned counsel for the petitioner and the State. The petitioner has challenged the order contained in memo no. 521, dated 26.8.2011 by which the P.D.S. licence of the petitioner has been cancelled on three grounds mentioned in the order. This court observes that the order aforesaid does not take into ac count the show cause filed by the petitioner. Counsel for the petitioner submits that the allegations leveled in the final order were not leveled against him while issuing the show cause. The petitioner would be given liberty to reply to the allegations leveled ...


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