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Patna Court May 2012 Judgments

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May 12 2012

Rameshwar Mishra and ors 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.583 o1. Rameshwar Mishra Son Of Late Mathura Mishra Resident Of Village - Madhukarpur, Post - Basudeo Dihri, P.S. Dinara, District - Rohtas 2. Lalan Prasad Sharma Son Of Late Braj Narayan Sharma Resident Of Village + P.O. Khuduru, P.S. Dinara, District - Rohtas 3. Nand Lal Singh Son Of Dideshi Singh Resident Of Village - Bhagirtha, Post Khudru, P.S. Dinara, District - Rohtas 4. Shri Bhagwan Singh Son Of Late Loknath Singh Resident Of Village -Rehi, P.O. Bhanpur, P.S. Dinara, District - Rohtas 5. Krishna Bihari Singh Son Of Ram Chandra Singh Resident Of Village + P.O. Gosaldih, P.S. Suryapura, District - Rohtas 6. Ram Pravesh Singh Son Of Late Bishnu Singh Resident Of Village + P.O. Gosaldih, P.S. Suryapura, District - Rohtas 7. Jeet Narayan Singh Son Of Late Ram Pujan Singh Resident Of Village - Semri, P.S. Karahga, District - Rohtas Petitioners Versus 1. The State Of Bihar , Through The Principal Secretary, Educa...


May 12 2012

Ramagia Baitha Vs. the Union of India and ors

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.830 of 2012 ====================================================== Ramagia Baitha, s/o- Late Sajan Baitha, r/o- village- jalalpur, (Gurujwa),P.S.- M.H. Nagar, District- Siwan. .... .... Petitioner/s Versus 1. The Union Of India 2. The Secretary, Ministry of Defence, Government of India, New Delhi 3. The Chief of Army, Staff Army Headquarter, New Delhi.4. The Chief Engineer, H.q., Eastern Command, Engineers Branch, Fort Willian, Kolkata-700001.5. The Garrison Engineer (AF) Bagdogra, P.O.- Bagdogra Airport, District- Dargeeling, West Bengal-734421.6. The Controller General, Defence Account, CDA Building, Patna- 800001. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Irshad Ahmad Khan For the Respondent/s : Mr. Raghib Ahsan(Asst.Sg) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER ...


May 12 2012

Dilip Pandey Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44757 of 2011 Dilip Pandey Versus The State Of Bihar ---------------------------------12. 01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in jail custody since 13-09- 2011 in a case registered under Sections-364 & other minor sections of the Indian Penal Code as well as 27 of the Arms Act. It would appear from perusal of the impugned order that earlier the petitioner was granted privilege of bail by learned Additional Chief Judicial Magistrate, Sitamarhi vide his order dated 24-06-2003 but later on, in the year, 2008, the bail bonds of the petitioner was cancelled and subsequently, he was declared absconder and was remanded in this case on the strength of warrant of arrest issued against him on 13-09-2011. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, the petitioner, namely, Dilip Pandey is di...


May 12 2012

Madan Prasad 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.11476 of 2007 Madan Prasad, Son of Rajendra Prasad, resident of Parau Tola, P.S. Lauriya, District West Champaran Petitioner Versus 1. The State Of Bihar 2. The Collector, Bettiah 3. The S.D.O., Narkatiyaganja, District West Champaran Respondents For the Petitioner : M/s N.K.Agrawal, Sr. Advocate and Vijay Anand, Advocate For the State : Mr. Manoj Kumar Yadav, Advocate A.C. to G.P2. 12.01.2012 After some argument learned counsel for the petitioner seeks permission to withdraw this writ application to prefer statutory appeal before the competent authority. Learned counsel appearing for the State does not have any objection. As a result, this application is dismissed as withdrawn with the aforesaid liberty granted to the petitioner. However, if there is any statutory period of limitation and if the petitioner files the memorandum of appeal along with an application for condoning the delay taking, one amongst the oth...


May 12 2012

Sheo Kumar Prasad Sinha Vs. the State of Bihar and ors

Court: Patna

Decided on: May-12-2012

Patna High Court Cr.Misc. No.24750 of 2008 (4) dt.12-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24750 of 2008 ====================================================== Sheo Kumar Prasad Sinha .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Kumar For the Vigilance : Mr. Ramakant Sharma For the State : Mr. A.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA12. 01-2012 Heard learned counsel for the parties. Petitioner has approached this Court under Section 482 of the Code of Criminal Procedure to quash the First Information Report of Nigrani P.S. case No. 084 of 2007 registered under Sections 7, 13(2) read with section 13(1) (d) of the Prevention of Corruption Act, 1988 with further prayer to ...


May 12 2012

Vijendra 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.83 of 2012 Vijendra Kumar Son Of Kamlesh Prasad Resident Of Village-Naya Tola, Dariyapur, P.O. + P.S.- Dariyapur, District-Munger .. Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Human Resources Development, Government Of Bihar, Patna 3. The Director, Primary Education, Government Of Bihar, Patna 4. The Regional Deputy Director Of Education, Munger 5. The District Education Officer, Munger 6. The District Board, Munger Through Its Chief Executive Officer 7. The Chief Executive Officer, District Board, Munger 8. The Headmaster, Lal Bahadur Shastri Kisan High School, Mamai, Munger . Respondents ---------------------------------- 3. 12/01/2012 Petitioner is aggrieved by the order of the District Education Officer dated 23.10.2007, as contained in Annexure-3, by which, on account of discrepancy in his certificate and mark sheet, his appointment as Panchayat Teacher has been cancelle...


May 12 2012

Kumari Archana Dheer Vs. the State of Bihar Andors

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.4737 OF 2008.KUMARI ARCHANA DHEER, W/O SRI SUNIL MEHTA, R/O MOHALLA ASHA NAGAR, WARD NO. 6, P.S SOH SARAI, DISTRICT NALANDA. PETITIONER. VERSUS 1 THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 2.THE DISTRICT MAGISTRATE, DISTRICT NALANDA.3. THE DISTRICT EDUCATION OFFICER, DISTRICT NALANDA.4. THE DISTRICT SUPERINTENDENT OF EDUCATION, DISTRICT NALANDA.5. THE BLOCK DEVELOPMENT OFFICER, BIHAR SHARIF BLOCK, DISTRICT NALANDA.6. THE BLOCK EDUCATION EXTENSION OFFICER, BIHARSHARIF II, DISTRICT NALANDA.7. THE BLOCK EDUCATION EXTENSION OFFICER CUM BLOCK COORDINATOR, BIHARSHARIF, DISTRICT NALANDA. 8.THE MUKHIYA, PANCHAYAT RAJ SAKRAUL, BLOCK BIHAR SHARIF, DISTRICT NALANDA. 9.THE SECRETARY, PANCHAYAT RAJ SAKRAUL, BLOCK BIHAR SHARIF, DISTRICT NALANDA. 10.NIRMALA KUMARI, W/O SRI BIRENDRA PRASAD R/O MOHALLA MAHALPAR, P.O.+ P.S BIHAR SHARIF, DISTRICT NALANDA POSTED AS ASSIST...


May 12 2012

Vijay 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.4773 of 2008 Vijay Kumar, son of Sri Dhanusdhari Tiwary, resident of village Sikandarpur, P.S. Sangrampur, District East Champaran Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Human Resources Development Department, Bihar, Patna 2. The Director (Secondary Education), Bihar, Patna 3. The District Education Officer, East Champaran 4. The Principal, Zila School, Motihari Respondents ---------------------------------- 4. 12.1.2012 Having heard counsel for the parties and taking into account that the appeal of the petitioner against the impugned order dated 13.5.2003 passed by Director Secondary Education is said to be still pending before the Principal Secretary of Human Resources Development Department, this Court would direct the Principal Secretary of the Human Resources Development Department to dispose of the pending appeal of the petitioner within a period of six months from the date ...


May 12 2012

Anandi Devi Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44721 of 2011 Anandi Devi, W/O-Late Ram Chandra Ram Versus The State Of Bihar ---------------------------------- For the petitioner :- Mr. Abay Kumar For the State :- Mrs. Asha Kumari (A.P.P.12. 01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Taking into consideration that having more or less similar allegation, co-accused Pramila Devi has already been granted bail by another Bench of this Court and similarly, co- accused Dharmendra Sahni, against whom there is allegation of establishing physical relationship with the victim, has also been released on bail , 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, Muzaffarpur in connection with Mushahari P.S. Case No. 08 of 2011. SHAHZAD ( Hemant Kumar Srivastava, J.)...


May 12 2012

Bashisth Mahto @ Chawani Mahto Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43525 of 2011 Radhey Shyam Mahto, son of Shiv Nath Mahto, resident of Village- Shamopur, P.S.- G.B. Nagar, District- Siwan. Petitioner. Versus The State Of Bihar : .. Opposite Party. ---------------------------------- With Criminal Miscellaneous No.43528 of 2011 Bashisth Mahto @ Chawani Mahto, son of Sheobalak Mahto, resident of village- Ukhai Purab Patti, Police Station- Pachrukhi Sarai, District- Siwan. ..Petitioner. Versus The State Of Bihar: .. Opposite Party. ---------------------------------- 02- 12.1.2012 Heard the parties. The petitioners of the two applications are in custody in connection with Pachrukhi (Sarai) P.S. Case No.52 of 2011 for offences punishable under sections 302/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the involvement of the petitioners and other accused has been on the basis of circumstantial evidence by reason of the liquor plant of the petitioners situated...


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