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Patna Court May 2012 Judgments

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May 12 2012

Tabrej Khan 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.36127 of 2011 Tabrej Khan, S/o Jahangir Khan, R/O Vill.-Nakaradei, P.S.-Sugauli, Distt.-East Champaran . Petitioner Versus 1. The State Of Bihar 2. Amirjada Khan, S/o Late Inar Khan, R/O Vill.- Nakaradei, P.S.-Sugauli, Dist.-East Champaran Opp. Party ---------------------------------12. 01.2012 Heard Sri Sandeep Kumar, learned counsel for the petitioner and Sri Ram Chandra Singh, learned Additional Public Prosecutor. The petitioner, has prayed for quashing of an order dated 23.12.2010 passed by learned Chief Judicial Magistrate, East Champaran, Motihari in Sugauli P.S. Case No. 260 of 2010 whereby learned Magistrate has taken cognizance of offence under Section 302/34 of the Indian Penal Code . Sri Sandeep Kumar, learned counsel for the petitioner submits that in the case diary specific evidence has come that the petitioner had gone to save the deceased, even then, the petitioner has been made accused in the case. It ha...


May 12 2012

Md.Halim and ors Vs. State of Bihar and anr

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20165 o1. Md.Halim son of late Abdul Jabbar (Husband).2. Md. Salim son of late Abdul Jabbar (Bhainsur).3. Jahangir @ Nanki son of late Md. Mohid (Nandosi).4. Lado wife of Jahangir @ Nanki (Nanad).5. Maili wife of Md. Halim (Sautan).6. Polia wife of Md. Salimu (Gotani). All residents of Koyala Dipo Nepali Patti, P.S.-Siliguri, District- Darjeeling (W. Bengal). .........Petitioners Versus 1. The State Of Bihar.2. Husna Bano wife of Md. Halim, daughter of Abdul Majid, Mohallah Line Gariban Mohallah, P.S. and District-Kishanganj. .......Opposite Parties For the Petitioners :- Mr. Dilip Kumar Singh, Adv. For O.P. No. 2 :- Mr. Diwakar Sinha, Adv. For the State :- Mr. Dashrath Mehta, A.P.P. ---------------------------------12. 01.2012 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for opposite party no.2. Learned counsel appearing on behalf of petitioners and learned counsel appeari...


May 12 2012

Rajeev 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

Safique Ahmad Vs. the State of Bihar and anr

Court: Patna

Decided on: May-12-2012

1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41314 of 2011 Safique Ahmad S/O Md. Salik Hussain Resident Of Village- Madarganj, P.S.- Simraha, Dist.- Araria. --Petitioner Versus 1. The State Of Bihar 2. Zia Farhati D/O Mustaque Alam, W/O Safique Ahmad Resident Of Village- Madarganj, Police Station- Simraha, Distt.- Araria. Opp.Part12. 01.2012 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this case, being husband of the complainant, with allegation of demand of dowry, torture etc. including having another wife. Submission on behalf of the petitioner is that he intends to resume and continue matrimonial relationship with the complainant, opposite party no.2, and there is positive response on her behalf through learned counsel representing her. Considering the facts and circumstances, in the event of arrest or surrender with filing joint ap...


May 12 2012

Badri Nath Jha 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.718 of 2012 BADRI NATH JHA, S/O LATE GOPI KANT JHA, GOPESH, R/O VILLAGE + P.O.-KANHAI, P.S.-GHANSHYAMPUR, DISTRICT-DARBHANGA. PETITIONER. Versus 1. THE STATE OF BIHAR.2. THE SECRETARY, DEPARTMENT OF PRIMARY AND ADULT EDUCATION, GOVERNMENT OF BIHAR.3. THE DISTRICT MAGISTRATE, DARBHANGA-CUM- CHAIRMAN, DISTRICT COMPASSIONATE COMMITTEE, DARBHANGA.4. THE DEPUTY COLLECTOR, ESTABLISHMENT, DARBHANGA.5. THE DISTRICT EDUCATION OFFICER, DARBHANGA.6. THE HEADMASTER, +2 HIGH SCHOOL, AASI, P.S.- GHANSHYAMPUR, DISTRICT-DARBHANGA.7. THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA. RESPONDENTS. ---------------------------------12. 01.2012 The matter is of compassionate appointment. Father of the petitioner died on 03.11.2009 while he was in service. Thereafter, petitioner submitted his application for appointment on compassionate ground with no objection of other heirs. Grievance is that the petitioners application has not bee...


May 12 2012

Amit Kumar 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.937 of 2012 Amit Kumar & Anr. Versus The State Of Bihar ---------------------------------- 02. 12.01.2012 Heard learned counsel for the petitioners and learned counsel for the State Mr. Ramesh Chandra. Petitioners are apprehending their arrest in a case registered for the offences under Sections 363, 366A/34 of the I.P.C. The accusation is of abducting the minor daughter of the informant. It appears that initially the accusation was found false and final form was submitted but differing with the same, cognizance has been taken. The victim girl in her 164 Cr.P.C. statement has not supported the accusation and the doctor has accessed her age between 18 to 19 years. Considering the aforesaid facts, let the petitioners namely 1. Amit Kumar 2. Vikash Kumar, in the event of their 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. 1...


May 12 2012

Guddu Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.956 of 2012 Guddu Kumar 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 448, 384, 379, 323, 427/34 of the Indian Penal Code. The accusation is of demanding foreign liquor from shop of informant and on refusal destroying 3-4 bottles of liquor and snatching Rs. 15,000/- from cash counter. It is submitted by learned counsel for the petitioner that the petitioners were protesting against running liquor shop which was situated near the school and house of petitioner as a result of which the present case has been lodged. The informant has not received any injury and petitioner has no criminal antecedent and is a student of B.A. Part-I. 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 per...


May 12 2012

The State of Bihar and ors Vs. Ramashish Yadav

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1545 of 2011 In Civil Writ Jurisdiction Case No. 4265 of 2006 With Interlocutory Application No. 7309 of 2011 And Interlocutory Application No. 7310 of 2011 In Letters Patent Appeal No.1545 of 2011 ====================================================== The State of Bihar & Ors. .... .... Appellant/s Versus Ramashish Yadav .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Zaki Haidar, AC to GA 6.For the Respondent/s : Mr. Raj Kumar Rajesh and Mr. Pranesh Kumar Arya, Advocates. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 12-01-2012 Re. Interlocutory Application No. 7309 of 2011 The delay of 203 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. Letters ...


May 12 2012

Sheonandan Ram and ors. 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.12099 o1. Sheonandan Ram, Son of Late Bhola Ram.2. Ramashish Ram, Son of Late Bhola Ram.3. Sri Mahendra Sharma, S/o Late Bhagwan Sharma. All are resident of Village Ghoghi, Police Station Piribazar (Suryagarha), District Lakhisarai. -------- Petitioners Versus 1. The State Of Bihar.2. Jai Ram Singh, Son of Satan Singh, Resident of Village Ghoghi, P.S. Piribazar (Suryagarha), District Lakhisarai. ------- Opposite Parties ---------------------------------12. 01.2012 Heard Sri Shakil Ahmad Khan, learned senior counsel for the petitioner who was assisted by Sri Pankaj Kumar Sinha and Sri Mrityunjay Kumar, learned Additional Public Prosecutor. The petition has been filed for quashing of the order dated 30.03.2011 passed by learned District & Sessions Judge, Munger in Sessions Trial No. 508 of 2010 arising out of Pribazar (Suryagarha ) P.S. Case No. 300 of 2008, which was registered for the offence under Section 302/34 of the...


May 12 2012

Sushil 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.522 of 2012 Sushil Kumar S/O Sri Gupteshwar Ram R/O Village- Dharmpur, P.O.- Bichhiyawn, P.S.- Sandesh, District- Bhojpur, Bihar .. Petitioner Versus 1. The State Of Bihar 2. The Chief Secretary, Bihar, Patna 3. Principal Secretary, Human Resources Department, Govt. Of Bihar, Patna 4. The Director, Primary Education, Bihar 5. The District Teacher Employment Appellate Authority, Bhojpur, Bihar 6. The District Superintendent Of Education Now District Education Officer, Bhojpur, Bihar 7. The Block Development Officer, Sandesh, Bhojpur, Bihar 8. The Block Education Officer, Sandesh, Bhojpur 9. The Panchayat Secretary, Gram Panchayat Dihra, Sandesh, Bhojpur 10. The Mukhiya, Gram Panchayat Dihra, Sandesh, Bhojpur 11. Jit Narayan Singh S/O Sri Chandra Deo Singh R/O Village- Bichhiyawn, P.O.- Bichhiyawn, P.S.- Sandesh, District Bhojpur (Arrah), Bihar Respondents ---------------------------------- 2. 12/01/2012 In this wri...


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