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Patna Court May 2012 Judgments

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May 12 2012

Jai Prakash Dubey 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.11616 of 2007 Jai Prakash Dubey Versus The State Of Bihar & Ors . For the Petitioner : Mr. Mr. N.K.Agrawal, Sr. Advocate, Mr. Vijay Anand, Advocate For the State : Mr. Rajesh Kumar, A.C. to A.A.G.3 12. 01.2012 After some argument, learned counsel for the petitioner seeks permission to withdraw this writ application to prefer statutory appeal. Learned counsel appearing for the State does not have any objection to that. Permission is accorded. As a result, this writ application is dismissed as withdrawn with the aforesaid liberty granted to the petitioner. If there is any statutory provision of limitation and the petitioner prefers an appeal along with an application for condoning the delay taking one of the grounds that the petitioner was bona fide prosecuting this writ application before this Court, let the same be considered by the authority concerned in accordance with law. It would be expected from the 2 appell...


May 12 2012

Suresh Das 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.725 of 2012 Suresh Das, son of Late Gurudayal Das, resident of Village Vikram Shila Colony, Urdu Bazar Road, District Bhagalpur, working as Assistant Teacher, P.T. Middle School Tilka Manjhi, Bhagalpur..Petitioner Versus 1. The State Of Bihar.2. The Principal Secretary, Commissioner, Human Resources Development Department, Government of Bihar, Patna.3. The Director, Primary Education, Bihar, Patna.4. The District Magistrate Bhagalpur, District Bhagalpur.5. The District Education Officer, Bhagalpur, District Bhagalpur.6. The District Programme Officer (Establishment), Bhagalpur, District Bhagalpur..Respondents -------12. 01.2012 Heard learned counsel for the petitioner as well as learned counsel for the State. As per the case of the petitioner, he was promoted on the post of B.A. trained scale and transferred to another school by an order contained in Memo No.1853 dated 17.08.2010. It is admitted fact that the said...


May 12 2012

Maya Nand Ram Vs. the State of Bihar and ors

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.358 of 2009 Enamul Haque Versus The State Of Bihar & Ors ---------------------------------- with Miscellaneous Jurisdiction Case No.4352 of 2009 Maya Nand Ram Versus The State Of Bihar & Ors ---------------------------------- with Miscellaneous Jurisdiction Case No.4354 of 2009 Ram Babu Prasad Versus The State Of Bihar & Ors ---------------------------------- 4. 12.01.2012 The petitioners seek initiation of contempt against the Opposite Parties for non-compliance of the order dated 26.2.2008 passed in C.W.J.C. Nos. 6022 of 2007, 13453 of 2006 and 7442 of 2006 respectively. It has been submitted that the representations could not be considered on account of the fact that it was without authentication of the College authorities. The counsel for the petitioners seek two weeks indulgence for filing a representation duly authenticated by the College authorities which shall be considered within next three weeks of it...


May 12 2012

Karu Das and anr Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44693 o1. Karu Das, S/O-Late Deodhari Das 2. Shanti Devi, W/O-Karu Das Versus The State Of Bihar ---------------------------------12. 01.2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are parents-in-law of the deceased and are languishing in jail custody in a case registered under Sections 304 B/34 of the Indian Penal Code. According to prosecution case itself, the informant got information about the condition of the deceased from her in-laws. The contention of learned counsel for the petitioners is that deceased committed suicide on account of some petty family feud. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magi...


May 12 2012

Puja Kumari Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27813 of 2011 Puja Kumari, daughter of late Raj Nath Singh, resident of village Mandia, P.S. Nawanagar, District Buxar at present resident of mohalla Old Police Line Sone Ganga Bhawan Ara, Police Station Ara Town, District Bhojpur. --------- Petitioner. Versus The State of Bihar ---Opposite Party ********** 06. 12.01.2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends her arrest in connection with Ara Town P.S. Case No. 65/2011 for offences under Sections 457 and 380 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Bhojpur at Ara. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to surrender before the court below within a fortnight and seek regular bail, where prayer for regular bail of the petitioner shall be considered by the court below on its o...


May 12 2012

Shail Suteshwar Prasad Narayan Singh Vs. the State of Bihar and ors

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No. 1459 of 2009 Shail Suteshwar Prasad Narayan Singh Versus The State of Bihar & Ors --------------------- 11. 12.01.2012 The petitioner has sought initiation of contempt against the Opposite Parties for having disobeyed the order dated 03.02.2008 as per which the Registrar-cum- Finance Officer of the University was to consider the representation of the petitioner for payment of his dues within a certain time frame. Show-causes have been filed on behalf of the Magadh University and the State. The petitioner points out that the chart annexed with the show-cause of the Opposite Party No. 7 does not include Rs. 85,347/- which the petitioner claims as also admissible to him. The rejoinder filed on behalf of the Magadh University to the reply of the petitioner annexes the disposal of a representation on 03.05.2010 wherein it has been stated that the records of the petitioner was placed before the Finance Officer and A...


May 12 2012

Pradeep Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44535 of 2011 Rajeev Kumar Versus The State Of Bihar with Criminal Miscellaneous No.45149 of 2011 Pradeep Kumar Versus The State Of Bihar ----------- For the petitioners : Mr Shailendra Kumar Jha, Advocate For the State: Mr R.B.Roy Raman A.P.P. ---------- 02/ 12.01.2012 Both the above stated petitions arise out of Excise Case no. 891(c-2)11 for the offence registered under sections 47(A)(F) and 55 of the Excise Act and accordingly, both the above stated petitions are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Allegedly, huge quantity of country made liquor and sprit were recovered from the premises of the petitioner in Cr. Misc. no. 45149/2011 but submission on behalf of the aforesaid petitioner is that petitioner had already given the aforesaid premises on lease to one Mahesh Yadav and the aforesaid fact is evident from an...


May 12 2012

Ravindra Kumar 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.10489 of 2007 Ravindra Kumar, Son of Isha Dass, resident of village Jagdishpur Mohalla Macarahatta Road, Ward no. 5, P.O.Jagdishpur, District Bhojpur .. petitioner Versus 1. The State Of Bihar through the Secretary cum Commissioner Food and civil Supplies Patna, Govt. of Bihar 2. The Sub Divisional Magistrate, Jagdishpur 3. the Distt. Supply Officer, Ara 4. The Block Supply Officer, Jagdishpur, District, Bhojpur 5. The District Manager of District Bhojpur, Ara the Bihar State Food Corporation Ara, Distt. Bhojpur Respondents For the Petitioner : Mr. Braj Mohan Kr. Singh, Advocate For the State : Mrs. Rani Kumar @ Rani Singh, AC to GA 2 For the Respondent: Mr. R.P.Burnaway, Advocate No2. 12.01.2012 Heard learned counsel for the petitioner and the State. Petitioner seeks direction for revocation of suspension of licence No. 21/1985 issued under the provisions of Bihar Trade Articles (Licenses Unification) Order, 1984...


May 12 2012

Mukesh Singh @ Mukesh Kumar Singh Vs. State of Bihar and anr

Court: Patna

Decided on: May-12-2012

Patna High Court Cr.Misc. No.12567 of 2008 (5) dt.12-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12567 of 2008 ====================================================== Mukesh Singh @ Mukesh Kumar Singh .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jankinandan Prasad Mr. Brij Nandan Prasad For the State : Mr. P.K. Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA12. 01-2012 At the length of the argument, learned counsel appearing for the petitioner prays for withdrawal of this application with liberty to raise all the defence at the time of framing of charge or at appropriate stage before the trial Court. Permission is accorded. This application is dismissed as withdrawn with the liberty to raise all t...


May 12 2012

Udho Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42958 of 2011 Udho Yadav Late Kewal Yadav R/O,Vill.-Sawan Bigha,P.S.- Dharaundha,Dist.-Siwan Versus The State of Bihar ---------------------------------- 02. 12.01.2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Daraunda P.S. Case No. 35 of 2011 for offence punishable under Sections 307, 324, 323, 504 and 379/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the altercation in question is a manifestation of a land dispute. It is further submitted that initially a case was instituted against the husband of the informant and some others, by the petitioner himself giving rise to Daraunda P.S. Case No. 30 of 2011 placed at Annexure-2 in which the son of the present petitioner also sustained grievous injury. It is stated that the case in question has been instituted two days thereafter on 12.03.2011. The F.I.R. charges the petitioner of having assaulted t...


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