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Patna Court May 2012 Judgments

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May 12 2012

Baban Sharma 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.10487 of 2007 Baban Sharma son of late Awadh Singh, resident of village Serthua, Gram Panchayat Chiri, P.S. Hulasganj, District Jehanabad.. Petitioner Versus 1. The State Of Bihar, 2. The Collector, Jehanabad, 3. The S.D.O., Jehanabad, 4. A.D.S.O., Jehanabad, Respondents. For the PetitionerL Mr. Vijay Anand, Advocate For the State: Mr. Anjani Kumar Sharan, SC 9 AC to SC 9 12. 01.2012 Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the order dated 09.06.2000 passed by the Sub-divisional Officer, Jehanabad-cum-licensing authority, respondent no. 3 as contained in Annexure 2, whereby and whereunder petitioners licence no. 32/85 granted under the provisions of the Bihar Trade Articles (Licences Unification) Order, 1984 (hereinafter to be referred to as the Unification Order) for retail dealership has been cancelled as well as the order dated 31.10.2006 passed by the Collector, Jehana...


May 12 2012

Anita Devi 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.920 of 2012 Anita Devi & Anr. Versus The State Of Bihar ---------------------------------- 02. 12.01.2012 Heard learned counsels for the petitioners, informant and the State. Petitioners are apprehending their arrest in a case registered for the offences under Sections 323, 324, 307, 379/34 of the I.P.C. The accusation is of causing injuries by Garasa(sharp cutting weapon). The simple injuries have been found to be caused by hard and blunt substance. Petitioners happens to be the brother and brothers wife of the informant It is submitted by learned counsel for the petitioners that petitioners side also lodged a case against the informants side. The occurrence appears to have occurred in the background of serious land dispute. Considering the aforesaid facts, let the petitioners namely 1. Anita Devi 2. Sanjay Kumar Mahto, in the event of their arrest or surrender before the Court below within a period of 12 weeks from to...


May 12 2012

Sonelal Maraiya Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40085 of 2011 Sonelal Maraiya, Son of Chunnu Maraiya, R/o Village Bisanpur, P.S. Dhamdaha, District Purnea. -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- 03/- 12/01/2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon /xerox copy of the case diary up to paragraph 50 dated 11/11/2011. The petitioner apprehending his arrest in connection with Dhandaha P.S. Case No. 29 of 2011 for the offence punishable under 420/34/120(B) of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Purnea. 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 for a prayer of regular bail, which shall be considered on its own merit, without being prejudiced of instant withdrawal. Permission is grant...


May 12 2012

Ramdeo Rai @ Ramdeo Prasad Rai Vs. the State of Bihar and anr

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.912 of 2012 Ramdeo Rai @ Ramdeo Prasad Rai Versus The State Of Bihar & Anr ---------------------------------- 02. 12.01.2012 Petitioner is apprehending his arrest in a case registered for the offences under Sections 341, 504, 385 of the I.P.C. and Section 3(1)(X) of S.C. & S.T.(Prevention of Atrocities) Act. The accusations are of demand of extortion and abusing by calling caste name. It is submitted by learned counsel for the petitioner that initially the complaint was dismissed but subsequently cognizance has been taken in 2011 in pursuance to the Revisional Courts order. It is further submitted that prior to passing of the order of cognizance petitioners side lodged a case against the complainant in which cognizance has been taken. Considering the fact that initially the accusation was prima facie not found true by learned Court below and the case was lodged by petitioners side also which clouds the bona fide of the ...


May 12 2012

Munna Pandey Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.860 of 2010 Munna Pandey Versus The State of Bihar -------------------12. 01.2012 I.A. No. 1653 of 2011. The appellants earlier bail application was rejected by this Court on merits. The appellant has now filed application stating that he has already been in custody for more than five years and is suffering from terminal caner, in support thereof, a report has called for by the Court has been referred too. 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 only) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, West Champaran at Bettiah in Session Trial No. 07 of 1998. Realization of fine, if any, shall remain stayed. I.A. No. 1653 of 2011 is, accordingly, allowed. (Navaniti Prasad Singh, J.) Sanjeet/ (Ashwani Kumar Singh, J.)...


May 12 2012

Md. Hasib Ansari 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.866 of 2012 ====================================================== 1. Md. Hasib Ansari 2. Bibi Jamila Khatoon 3. Mohid Ansari .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party =====================================================12. 01-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 448, 341, 323, 307 and 504/34 of the Indian Penal Code. The accusations are of entering into the house and making assault to the informant. It appears from the photocopy of the order of the cognizance, which is being produced by learned counsel for the petitioners, let it be kept on record, that the petitioners were not charge sheeted, however other accused persons were charge sheeted under the bailable provisions and differing with the same the cognizance has been taken against the petitioners also. Considering the fact th...


May 12 2012

Ram Babu Prasad 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

Thirth Raj Himat Singhka 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.917 of 2012 Thirth Raj Himat Singhka & Anr. Versus The State Of Bihar ---------------------------------- 02. 12.01.2012 Petitioners are apprehending their arrest in a case registered for the offences under Sections 386/34 of the I.P.C. It is alleged that at the behest of the petitioners being Director of the finance company the truck of the informant was snatched. It is submitted by learned counsel for the petitioners that the truck was financed and on non- payment of the loan amount the truck was seized in accordance with law. Though the case was instituted in 1997, but it appears that the matter was pending before the Apex Court where petitioners were granted interim protection for four weeks vide order dated 08.11.2011. It is further submitted that Title Suit No. 40 of 1998 was also filed which was decreed in favour of the informant but at the execution stage some settlement was made when part payments have been made...


May 12 2012

Pintu Rai Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.963 of 2012 Pintu Rai Versus The State Of Bihar 2. 12.01.2012. Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 186, 189, 353/34 of the Indian Penal Code and 3(1)(x) of S.C./S.T. (Prevention of Atrocities)Act. It is alleged that informant being the police officer was checking the vehicles when this petitioner misbehaved and abused by calling caste name. It is submitted by learned senior counsel for the petitioner that there was public complaint against the police officer prior to lodging of present case and that was the reason that supervising officer has not found accusation true under S.C./S.T.(Prevention of Atrocities)Act in the present case. Considering the aforesaid facts, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below 2 within a period of twelve weeks from t...


May 12 2012

Md.Aslam 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.1915 of 2011 In Civil Writ Jurisdiction Case No. 3780 of 2006 With Interlocutory Application No. 8536 of 2011 And Interlocutory Application No. 8538 of 2011 In Letters Patent Appeal No. 1915 of 2011 ====================================================== Md. Aslam & Ors .... .... Appellant/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ajit Kumar Ojha, Advocate. For the Respondents-State: Mr. Vijay Kumar Verma, A.C. to S.C.-V. For the Respondent Waqf Board: Mr. Md. Helal Ahmad, Advocate. For the Respondent nos. 7-9: Mr. Iqbal Asif Niazi, Advocate. For the Respondent no. 10: Mr. Syed Firoz Razi, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE12. 01-2012 Re. Interlocutory Appl...


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