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Patna Court May 2012 Judgments

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May 12 2012

Safi Alam 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.854 of 2012 ====================================================== 1. Safi Alam 2. Makshood Alam 3. Shakir Hussain.4. Damari Mian 5. Md. Haroon 6. Md. Meraj @ Reyaz Alam 7. Md. Mumtaz .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================12. 01-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 332, 353 and 504 of the Indian Penal Code. It is alleged that 30-35 persons including the petitioners entered into the campus of the police station and scuffled with the police personnel. It is submitted by learned counsel for the petitioners that the mob was protesting against highhandedness of the police when no injury was caused to anyone. Considering the general accusation against the mob, let the above named petitioners be released on anticipat...


May 12 2012

Sunder Sah Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.925 of 2012 Sunder Sah Versus The State Of Bihar ---------------------------------- 02. 12.01.2012 Petitioner is apprehending his arrest in a case registered for the offences under Sections 414, 420, 290, 120B, 272 of the I.P.C. and Section 47(A) of the Excise Act. It is alleged that nine persons were caught while draining the spirit from the tanker. It is alleged that the driver and other apprehended accused persons alleged that they were draining the spirit at the behest of Vishwanath Sah. It is alleged against this petitioner that he was also standing near the place where the spirit were being taken out from the tanker. Considering the fact that thrust of accusation is against the apprehended accused persons, let the petitioner namely Sunder Sah, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000...


May 12 2012

Jagu Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.832 of 2012 Jagu Yadav Versus The State Of Bihar ---------------------------------- 2/ 12.1.2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under sections 341, 323, 448, 354, 504 and 506/34 of the Indian Penal Code and sections 3(1)(vii), (x) and (xi) of the S.C./S.T. (Prevention of atrocities) Act. The accusations are of entering into the house, making assault and abusing by calling caste name in an intoxicated condition. Subsequently, the informant has retracted from the original version. Retracted version of the informant clouds the prosecution version. Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs.10000/(ten thousand) with two sureties of the like amount ea...


May 12 2012

Vikash Giri Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44684 of 2011 Vikash Giri, S/O-Krishannandan Giri 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 15.08.2011 in a case registered under Section 302 and other minor Sections of the Indian Penal Code as well as 27 of the Arms Act. According to prosecution case itself, petitioner is not assailant and it were co-accused Madan Giri and others who opened fire on the deceased and the informant. Furthermore, at the time of the alleged occurrence, allegedly, petitioner was armed with lathi. So, it would appear from the aforesaid fact that petitioner was simply a member of unlawful assembly. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousan...


May 12 2012

Pawan Kumar Mandal Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44677 of 2011 Pawan Kumar Mandal, S/O-Braham Deo Mandal Versus The State Of Bihar ---------------------------------- For the petitioner :-Mr. Shekhar Kumar Singh For the State :- Mr. B.N. Pandey (A.P.P.12. 01.2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 01.10.2011 in a case registered under Sections 192, 199, 196, 197, 200, 416, 420, 426, 469, 500/34 and 109 of the Indian Penal Code. Allegedly, petitioner filed a suit under Section 9 of Hindu Marriage Act showing the complainant as his wife with an intention to put the informant in trouble so that she could not get maintenance amount from her husband. The contention of learned counsel for the petitioner is that the investigation of this case has already been completed and no purpose would be solved by keeping the petitioner in...


May 12 2012

Jagdish Bhuiyan Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.863 of 2012 ====================================================== Jagdish Bhuiyan .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party =====================================================12. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 47(A) of the Excise Act. 20 Kgs of Mahua and 5 liters of country made liquor has been recovered. It appears that seizure was made on 21.01.2011 whereas the prosecution report was transmitted to the learned court below on 17.02.2011. Considering the quantity of the seizure and the delayed transmission of the prosecution report which cloud the bona fide of the accusation, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond...


May 12 2012

Manish Verma 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.844 o1. Manish Verma, 2. English Verma alias Prem Kumar Verma, 3. Fantush Verma, 4. Santosh Verma alias Deepu Verma Versus The State Of Bihar ---------------------------------- 2/ 12.1.2012 Heard learned counsels for the petitioners and the State. The petitioners being cousins and brother of the husband of the victim are apprehending their arrest in a case registered under sections 302 and 201 of the Indian Penal Code and section 27 of the Arms Act. On recovery of the dead body of the victim, FIR was lodged. During investigation, it has come that the victim was a person of doubtful character having criminal antecedent and considering the same, the husband of the victim has been granted regular bail. Considering the fact that thrust of accusation is against the husband of the victim, let the above named petitioners be released on bail in the event of his arrest or surrender before the learned court below within a period ...


May 12 2012

Shivajee 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.648 o1. Shivajee S/O Suresh Chandra Singh R/O Vill.- Kasipur, P.O. Bidupur, R.S., P.S. Rajapakar, Distt. Vaishali 2. Shivani Kumari D/O Suresh Chandra Singh R/O Village-Kasipur, P.O. Bidupur, R.S., P.S. Rajapakar, Distt. Vaishali 3. Sushmita Kumari D/O Dr. Nawal Kishor Singh R/O Professor Colony Hajipur, P.O. Hajipur, P.S. Hajipur Sadar, Distt. Vaishali Versus 1. The State Of Bihar through the Secretary, Human Resources Development Department, New Secretariate, Patna 2. The Direcotr, (Primary Education), Human Resources Development Department, New Secretariate, Patna 3. The District Magistrate, Vaishali At Hajipur 4. The District Education Officer, Vaishali At Hajipur 5. The Block Development Officer, Hajipur Block, District-Vaishali 6. The Block Education Officer, Hajipur Block, District-Vaishali 7. The Panchayat Secretary Gram Panchayat Rajkasipur Chakbibi, Block Hajipur, Distt. Vaishali 8. The Mukhiya Gram Panc...


May 12 2012

Gyanendra Jha 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.40968 of 2011 Gyanendra Jha, Son of Bhupe Narayan Jha, resident of Keotsa-Behtar, P.S. Gaighat, District Muzaffarpur, at present residing at Shimphoni Apartment, Flat No.103-B, Shivpuri, P.S. Shivpuri, District Patna. ... ... Petitioner. Versus 1. The State Of Bihar 2. Bijay Kumar Mishra, Son of not known, a Account Officer- Cum-Office Superintendent of M/S Patliputra Tobbacco Company, Dumari Kothi, Ashok Raj Path, P.S. Pirbahor, District Patna. ... ... Opposite Parties. ---------------------------------- 3. 12.1.2012. Heard Shri Mahendra Thakur, learned counsel for the petitioner, Shri Mayanand Jha, learned Additional Public Prosecutor, who appears on behalf of the State and Shri Dipak Kumar Sinha, learned counsel appearing on behalf of opposite party no.2/informant. The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of an order dated 17.11.2011 passed by the Judicial M...


May 12 2012

Chunnu Mahto Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44697 of 2011 Chunnu Mahto, S/O-Shiv Raj Singh 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 not named in the first information report nor anything has been recovered from his conscious possession and it appears that except the confessional statement, there is nothing against the petitioner. Learned Additional Public Prosecutor drew my attention towards Para-7 of the petition and submitted that several cases have been instituted against the petitioner but from perusal of Para-7 of the petition it appears that petitioner has been remanded in almost all the cases, except in one case, after remand of the present case and one case had been registered against the petitioner in the year 2006. Considering the aforesaid facts and circumstances as well as submissions of the parties, let t...


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