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Patna Court May 2012 Judgments

May 25 2012

S.M.Rai Saxena Vs. the State of Bihar and ors

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.67 of 2012 In Civil Writ Jurisdiction Case No. 13382 of 2011 With Interlocutory application No. 530 of 2012 In Letters Patent Appeal No. 67 of 2012 ====================================================== S.M.Rai Saxena .... .... Appellant/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Tuhin Shankar with Mr. Dhananjay Kr. Upadhyay, Advocates. For the Respondent-State: Mr. Pawan Kumar, A.C. to G.A.5. For the Accountant General: Mr. Arun Kumar Arun, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE25. 01-2012 Re. Interlocutory Application No. 530 of 2012: The delay of 13 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. R...

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May 25 2012

Pramod Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2265 of 2012 ====================================================== Pramod Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH25. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 135 and 138 of the Electricity Act. The accusation is of committing theft of electricity. The total loss has been calculated to the tune of Rs. 1,50,000/-. The petitioner is ready to deposit Rs. 75,000/- within a period of four months before the learned court below which will be released in favour of the Electricity Department. The aforesaid payment will be subject to the order being passed by the Electricity Department on the compounding application of the petit...

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May 25 2012

Gajendra Singh @ Gopal Singh Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1068 of 2012 Gajendra Singh @ Gopal Singh Versus The State Of Bihar ----------- 02/ 25.01.2012 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Earlier prayer for bail of the petitioner was rejected by this court vide order dated 19.4.2011 passed in Cr. Misc. no. 11033/2011 but this bail petition has been filed on behalf of the petitioner on the ground that in course of trial, informant, injured and some other eye witnesses were examined but they have not supported the prosecution case and they stated that some unknown persons had made firings. It is contended by learned counsel for the petitioner that almost all the material witnesses have already been examined in course of trial and only official witnesses are left to be examined. Considering the above stated facts and circumstances as well as submissions of the parties, let the petitioner, Gajendra Singh @ Gopal Singh, be released...

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May 25 2012

Haribhushan Singh Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1237 of 2012 Haribhushan Singh Versus The State Of Bihar ---------------------------------- 2/ 25.1.2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 2.12.2011 in a case registered under sections 147, 148, 149, 341, 342,, 353, 379, 337, 447, 504, 506, 426, 427, 307 and 323 of the Indian Penal Code and section 27 of the Arms Act. It is alleged that there was some dispute between constable and the jail inmates and when the protest was made, the chamber of the Jail Superintendent was damaged. The FIR was lodged against six named accused persons and several unknown. It is submitted that the petitioner was not named in the FIR. The petitioners name subsequently sprang up. Considering the general nature of allegations against several persons, let the above named petitioner be released on bail on furnishing the bail bond of Rs.10000/(ten thousand) with two sureties of ...

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May 25 2012

Haider Mian Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

Patna High Court Cr.Misc. No.1517 of 2012 (2) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1517 of 2012 ====================================================== Haider Mian, son of Master Md. Salam @ Abdus Salam .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lakshmikant Sharma, Advocate For the Opposite Party/s : Mr. Amrendra Kr. Sinha, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 2. 25.1.2012 This application has been filed on behalf of the petitioner for modifying the order dated 22.11.2011. Heard learned Counsel for the petitioner and the State. The petitioner was allowed anticipatory bail by an order dated 22.11.2011 passed in Cr.Misc.No.36188 of 2011 but an affidavit was to be filed on his behalf that he has...

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May 25 2012

Bijay Prasad Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.703 of 2012 ====================================================== Bijay Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH25. 01-2012 Petitioner is apprehending his arrest in a case registered for the offences under Section 379 of the I.P.C. The name of the petitioner sprang up on confession of the co-accused. Nothing has been recovered from the petitioner and petitioner is accused in one other case. It is submitted by learned counsel for the petitioner that petitioner was not remanded in the present case till date and mechanically charge-sheet has been submitted. Considering the aforesaid submission, it is a fit case for regular bail. Let learned Court below forthwith consider to pass appropriate order for release of the petit...

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May 25 2012

Satyendra Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2293 of 2012 ====================================================== Satyendra Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH25. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 379, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act. The accusation of causing firearm injury on the knee of the informant is against Dilip Kumar. There is counter version of the occurrence also and other similarly situated accused persons has been granted anticipatory bail by this Court vide Cr. Misc. No. 31940 of 2011. Considering the aforesaid facts, let the above named petitioner be released on anticipator...

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May 25 2012

Ravi Ranjan Paswan and ors. Vs. the State of Bihar

Court: Patna

Decided on: May-25-2012

Patna High Court Cr.Misc. No.2609 of 2012 (2) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2609 of 2012 ====================================================== Ravi Ranjan Paswan & Ors. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA25. 01-2012 Heard. This is an application seeking extension of time granted to avail the privilege to the petitioners vide order dated 19.10.2011 passed in Cr. Misc. No. 32877/2011 in connection with Parasbigha P.S. Case No. 107/2009, pending before Chief Judicial Magistrate, Jehanabad. Submission is that under unavoidable circumstances within stipulated period the petitioners failed to avail the liberty. Taking into consideration, time to avail the privilege is extended till 6th February 2012. Let a copy of this order be communicated to t...

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May 25 2012

Gaurishankar Singh Vs. the State of Bihar and anr

Court: Patna

Decided on: May-25-2012

Patna High Court Cr.Misc. No.742 of 2012 (2) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.742 of 2012 ====================================================== Gaurishankar Singh .... .... Petitioner. Versus The State Of Bihar & Anr .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH25. 01-2012 Heard learned counsels for the petitioner and the State. The present application has been filed for modification of order dated 16.05.2011 passed in Cr. Misc. No. 14478 of 2011 whereby the petitioner was granted provisional anticipatory bail in a case registered for the offence under Sections 341, 323, 504, 379, 494, 498A of the I.P.C. and of the D. P. Act. Learned court below was to confirm the provisional anticipatory bail of the petitioner within a period of six months after issuance of notice to the complainant and if the co...

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May 25 2012

Rajesh Singh Kushwaha Vs. the State of Bihar and anr

Court: Patna

Decided on: May-25-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2570 of 2012 ====================================================== Rajesh Singh Kushwaha .... .... Petitioner. Versus The State Of Bihar & Anr .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH25. 01-2012 Heard the learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in complaint case in which cognizance has been taken under Section 498A/34 of the Indian Penal Code and Section 4 of the D. P. Act. The petitioner is ready to keep the complainant as wife with full dignity and honour hence, the accusation is not being deliberated. It is submitted that the complainant has performed second marriage but no proof with regard to that has been produced before the learned court below which gets reflected from the impugned order. In the c...

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