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Patna Court May 2012 Judgments

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May 12 2012

Shivajee Kumar Basak 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.4232 of 2009 Shivajee Kumar Basak Versus The State Of Bihar & Or12. 1.2012 The petitioner seeks a direction to the respondent authorities to issue case certificate of Scheduled Caste to the petitioner as he belongs to Chaupal Caste which comes in the list of Scheduled Caste as per letter dated 18.1.2007 issued by the Bihar State Personnel & Administrative Reforms Department. The petitioner states that in the year 1994 he along with his brother Ratan Kumar was granted certificate of Scheduled Caste as they were found to be belonging to Chaupal caste. He submits that in recent times fresh caste certificate is sought for in the matter of employment and as such the petitioner applied for afresh issuance of caste certificate in the year 2009. As no caste certificate was issued pursuant to his application in the year 2009, the petitioner filed the instant writ application. A counter affidavit has been filed on behalf of...


May 12 2012

Amit Kumar Sinha @ Rocky Vs. State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34610 of 2010 Amit Kumar Sinha @ Rocky son of Sri Lalan Kumar Sinha resident of village Khairma, P.S. and District Jamui. Versus State of Bihar ---------------------------------- For Petitioner: Mr.Prakash Mahto, Advocate For the State: Mr.Jitendra Kumar Singh No.1, APP ----------------12. 01.2012 The present application has been filed for quashing the order dated 19.6.2010 passed by the Chief Judicial Magistrate, Janui wherein cognizance has been taken against the petitioner for the alleged offence under Section 379 in Jamui P.S. Case No. 81/2010. In the FIR dated 30.03.2010 it has been alleged by the informant that when he returned from Jhajha to Jamui at 10 P.M. the previous night in his Bolero vehicle bearing registration no.BR-46-0016 and parked the same in front of his house, but upon waking up the next morning he found the same missing along with another vehicle bearing registration not JH-15C-7120 which was also...


May 12 2012

Daya Sindhu 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.11673 of 2007 Daya Sindhu Prasad, son of Late Yugal Prasad, resident of Suswai, P.S. Lauriya, Distt.-West Champaran .Petitioenr Versus 1. The State Of Bihar, 2. The Collector, Bettiah, 3. The S.D.O., Narkatiyaganj, West Champaran. Respondents For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate, Mr. Vijay Anand, Advocate For the State : Mr. Prabhat Ranjan, A.C. to G.P. 12 .12. 01.2012 Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the order dated 25.07.2006, as contained in Annexure-1, whereby his licence was cancelled which was granted to the petitioner under Bihar Trade Articles (Licenses Unification) Order, 1984 for Public Distribution System. At the time of hearing of this case, the petitioner raised only one issue that the order has been passed without consideration of the reply to the show cause notice and the same is covered by a decision of this Court dated 11.07.2011 pas...


May 12 2012

Guddu Singh Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44674 of 2011 Guddu Singh, S/O-Chabinath 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 assisted by learned counsel for the informant. According to prosecution case itself, it was co-accused Pappu Singh who gave dagger blow to the informant. So far as petitioner is concerned, it is stated that he opened fire on the informant but admittedly, the informant did not receive any firearm injury. 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 Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara in connection with Muffasil P.S. Case No. 229 of 2011. SHAHZAD ( Hemant Kumar Srivastava, J.)...


May 12 2012

Baidyanath Sah Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.888 of 2012 ====================================================== Baidyanath Sah .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s =====================================================12. 01-2012 Heard learned counsels for the petitioners and the State. The petitioner is apprehending his arrest in a case registered under Section 414/34 of the Indian Penal Code. One stolen Tata Safari vehicle was recovered from one Rajendra Singh who disclosed the name of the petitioner as the owner of the vehicle. It is submitted by learned counsel for the petitioner that the said vehicle was not registered in the name of the petitioner, moreover, the petitioner has no criminal antecedent. Considering the aforesaid facts, 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 furnishin...


May 12 2012

Kari 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.40819 o1. Kari Devi wife of Bateshwar @ Butaka Das 2. Parku Das, son of bateshwar @ Butaka Das Both R/o village Laharniya, P.S. Katoria (Suiya), District Banka. -------- Petitioners. Versus The State of Bihar --Opposite Party ***** 03. 12.01.2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Katoria (Suiya) P.S. Case No. 109/2011 for offences under Sections 304(B)/34 of the Indian Penal Code, are named accused in this case respectively being the mother-in-law and brother-in-law (Dewar) of deceased daughter of the informant who died within six years of her marriage under unnatural circumstances after suffering a lot for certain demands. Submission is that deceased committed suicide after some petty disputes with her husband who is in custody. Considering the facts and circumstances of the case, in the event o...


May 12 2012

Vijay Kumar Rai 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.739 of 2012 Vijay Kumar Rai S/O Shri Uday Narayan Rai resident of Village Chailwa, P.O. & Police Station Gopalpur, District Gopalganj..Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Human Resources Development Department, Bihar, Patna 3. The Director (Primary Education), Govt. Of Bihar, Patna 4. The District Magistrate, Gopalganj 5. The District Education Officer, Gopalganj 6. The District Programme Officer (Establishment) Gopalganj 7. The Block Education Extension Officer Kuchaikot, District-Gopalganj.8. The Mukhiya, Gram Panchayat Raj Sangwadih, Block-Kuchaikot, District- Gopalganj 9. The Panchayat Secretary, Gram Panchayat Raj Sangwadih, Block-Kuchaikot, District Gopalganj...Respondents -------12. 01.2012 Heard learned counsel for the petitioner as well as learned counsel for the State. The grievance of the petitioner is that though the order of the Appellate Authority dated 13.09.2009, a c...


May 12 2012

Sk. Fariyad @ Fariyad @ Bikau Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42864 of 2011 Sk. Fariyad @ Fariyad @ Bikau S/O Sk. Abdul Rahim R/O Vill. Sikta Deoraj P.S. Lauria, Distt- West Champaran ( Betia) Versus The State of Bihar ---------------------------------- 02. 12.01.2012 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned counsel appearing on behalf of the informant. The petitioner is in custody in connection with Lauria P.S. Case no. 106 of 2011 for offence punishable under Sections 302/34, 120B of the Indian Penal Code and Section 27 of the Arms Act. The petitioner has been charged with firing at the husband of the informant along with co-accused Nawab Hussain. Considering the nature of allegation made against the petitioner, I am not inclined to entertain the prayer of the petitioner for bail and the same is rejected. The application is dismissed. (Jyoti Saran, J.) S.Sb/-...


May 12 2012

Madhumala Kumari 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.4356 of 2010 Madhumala Kumari Versus The State Of Bihar & Ors. ---------------------------------- 3. 12.1.2012 A rejoinder in reply to the show cause has been filed on behalf of the petitioner today be kept on the record. The petitioner seeks initiation of contempt of this courts order dated 14.1.2009, by which the orders of termination of petitioner as Panchayat teacher was set aside and a direction was given to the opposite parties to reinstate the petitioner from the date of her termination with all consequential benefits. A show cause has been filed on behalf of opposite party no.6 i.e. B.D.O. In paragraph 9 it has been submitted that the petitioner has been posted at Primary School, Harilochanpur where she has joined her service on 26.8.2011. In paragraph 13 it has been stated that the services of the petitioner has been regularized from the date of her first joining and in lieu of her arrears of salary a ...


May 12 2012

Shashi Bhushan Mishra Vs. the State of Bihar

Court: Patna

Decided on: May-12-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.1169 of 2011 Shashi Bhushan Mishra s/o Kripa Shankar Mishra, resident of village Dighwa, P.S. Bhorey, District- Gopalganj. Versus The State of Bihar ----------------------- For the appellant : Mr. Bakshi S.R.P.Sinha. For the informant : Mr. Nityanand Mishra For the State : Mr. D.K.Sinha,A.P.P12. 1.2012 Heard Mr. Bakshi S.R.P.Sinha, learned Senior Counsel, in respect of bail application of appellant- Shashi Bhushan Mishra. Having perused the judgment, we find that there is allegation that it is Shashi Bhushan Mishra, who fired at the chest of the deceased. There is also allegation and that was the specific prosecution case that first Surendra Mishra fired injuring the deceased because of which he fell down and thereafter Shashi Bhushan Mishra fired at close range. The trial court has disbelieved the first part of the story and acquitted Surendra Mishra. The trial court has found that, in fact, there was only one fire injur...


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