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Patna Court May 2012 Judgments

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May 24 2012

Suresh Prasad Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3136 of 2012 Suresh Prasad, S/o. Ramdhaji Prasad, resident of Vill. Khijirpura, P. S. Kesariya, Distt. East Champaran. .......... Petitioner. Versus The State of Bihar .......... Opp. Party. ---------------------------------- 02/ 24.01.2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for regular bail for the offence under Sections 302/34 and 328 of the Indian Penal Code. The petitioner is the father-in-law of the deceased Ashok Prasad. There is no eye-witness to the occurrence and there is no witness to suggest as to who administered poison and the chemical examination also does not corroborate the accusations. Hence, having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief...


May 24 2012

Ajablal Yadav@ajwa Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2210 of 2012 ====================================================== Ajablal Yadav@Ajwa .... .... 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 SINGH24. 01-2012 Petitioner is apprehending his arrest in a case registered for the offences under Sections 302 of the I.P.C. The F.I.R. was lodged on recovery of the dead body of the father of the informant with injuries. Suspicion was raised against the petitioner that due to grazing by the cattle, some dispute was made in which petitioner threatened the victim, but in spite of that petitioner was not named in the F.I.R. and admittedly as per the F.I.R., neither the informant nor anyone are eye witness to the occurrence. Considering the suspicious nature of accusation, let the petitioner namely Ajablal Y...


May 24 2012

Sohail Ahmad Vs. Abda Khatoon and ors

Court: Patna

Decided on: May-24-2012

Patna High Court SA No.311 of 2011 (3) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.311 of 2011 ====================================================== Sohail Ahmad .... .... Appellant/s Versus Abda Khatoon & Ors .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Najmul Hoda For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIJAYENDRA NATH ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIJAYENDRA NATH24. 01-2012 I.A.No. 332/2012 This interlocutory application has been filed in response to the defect no.1 as pointed out by the stamp reporter. It has been stated in the petition that the appellant no.1 Umaima Khatoon, as shown in the certified copy of the decree under appeal, died on 19.04.2011 after the passing of the judgment and decree on 08.04.2011 and her heir who is her son is already on record of this appeal as sole appellant. In view of...


May 24 2012

Suraj Mahto @ Suraj Kumar Mahto and ors. Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.2346 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2346 of 2012 ====================================================== Suraj Mahto @ Suraj Kumar Mahto & Ors. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH24. 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, 341,447, 323, 379, 307 and 504 of the Indian Penal Code. It is alleged that on orders of Fasa and Suraj Mahto @ Suraj Kumar Mahto(Petitioner), Aniket Kumar @ Banti gave Farsa blow on the head of Raushan and Anil Mahto snatched the gold chain from the neck of informant. Considering the fact that no specific overt act is alleged against the petitioners, let the petit...


May 24 2012

Paramhansh Singh Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2237 of 2012 ====================================================== Paramhansh Singh .... .... 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 SINGH24. 01-2012 Petitioner is apprehending his arrest in a case registered for the offences under Sections under Sections 379, 406 of the I.P.C. It appears that complainant has retracted from initial version and has filed a petition to that effect before learned Court below, but since complaint was filed in 2004, this Court is not inclined to interfere. However, let learned Court below consider regular bail of the petitioner keeping in view of the fact that complainant has retracted from initial version, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No. 1025 of ...


May 24 2012

Bhagwan Bhagat Vs. State of Bihar and ors.

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1643 of 2010 Bhagwan Bhagat Versus State Of Bihar & Ors. ---------------------------------- 7. 24.1.2012 The petitioner has sought initiation of contempt proceeding against the opposite parties for having violated this courts order dated 4.5.2005 passed in C.W.J.C. No.8696 of 2003, by which the petitioner was found to be entitled for grant of first time bound promotion and the respondents were directed to consider the case of the petitioner for grant of first time bound promotion taking into account his initial appointment as graduate untrained teacher on 19.10.1969 and thereafter to consider the second time bound promotion in accordance with law. The consequential benefits were also to be given to the petitioner. The petitioner is aggrieved because he has not been given second time bound promotion, which the authorities were directed to consider in the light of shifting of the date of the first time bound prom...


May 24 2012

Jagdish Paswan Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

Patna High Court Cr.Misc. No.3485 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3485 of 2012 ====================================================== Jagdish Paswan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER (Per: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI24. 01.2012 Supplementary affidavit has been filed taken on record. Heard learned counsel for the petitioner as well as learned Additional P.P. Rinku Devi gave her fardbeyan on 09-08-2009 at about 11:30 A.M. disclosing therein that in the preceding night 10 to 12 criminals made house trespass, out of whom she identified Rabindra Sahani and Shukhari Sahani. Shukhari Sahani caught hold her and Rabindra Sahani shot at causing her injury over her neck (in right side). Contention on behalf of the petitioner is that he is not named in the FIR. Furt...


May 24 2012

Babloo Singh Vs. the State of Bihar

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2030 of 2012 ====================================================== Babloo Singh .... .... 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 SINGH24. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 420, 467, 468 and 471 of the Indian Penal Code. The accusation is of withdrawing the money of the informant by utilizing ATM card. One Narendra Kumar Singh @ Pintu was arrested who confessed his guilt and disclosed the name of the petitioner. It is submitted by learned counsel for the petitioner that there is no recovery from the petitioner. A statement has been made that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above na...


May 24 2012

Raghuwar Shyam Gupta and ors Vs. Narmadeshwar Nath Gupta and ors

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.186 of 2006 ====================================================== Raghuwar Shyam Gupta & Ors .... .... Petitioner/s Versus Narmadeshwar Nath Gupta & Ors .... .... Respondent/s ====================================================== with Civil Revision No.1174 of 2007 ====================================================== Raghubir Shyam Gupta & Ors .... .... Petitioner/s Versus Narmadeshwar Nath Gupta & Ors .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE VIJAYENDRA NATH ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIJAYENDRA NATH24. 01-2012 Learned counsel for the petitioners prays for further time to file substitution petition with regard to deceased opposite party No. 1 on the ground that there are other heirs, besides the heirs already on record, of the deceased opposite party No.1 and it is necessary to bring those heirs also on record. As prayed for, two weeks time is a...


May 24 2012

Laxman Prasad Yadav Vs. the State of Bihar and ors

Court: Patna

Decided on: May-24-2012

Patna High Court CR. APP (DB) No.64 of 2012 (2) dt.24-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.64 of 2012 ====================================================== Laxman Prasad Yadav .... .... Appellant Versus The State Of Bihar & Ors .... .... Respondents ====================================================== Appearance : For the Appellant : Mr. Suraj Narain Sinha, Sr.Adv. For the Respondents : Mr. S.C.Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH24. 01-2012 We have heard Mr.Suraj Narain Sinha, learned Senior Counsel in support of this appeal, which is against acquittal. The incident is of 4.1.1991.For twenty two years, the prosecution was able to examine only one witness and one, the informant, as a court witness. There being no other witnesses. The trial court acquitted the accus...



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