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Patna Court May 2012 Judgments

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May 24 2012

The State of Bihar and ors Vs. Arun Prasad and ors

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1671 of 2011 In Civil Writ Jurisdiction Case No. 5649 of 2008 With Interlocutory Application No. 7711 of 2011 With Interlocutory Application No. 7712 of 2011 In Letters Patent Appeal No.1671 of 2011 ====================================================== The State of Bihar & Ors .... .... Appellants Versus Arun Prasad & Ors .... .... Respondents ====================================================== Appearance : For the Appellants : Mr. P.K.Verma, AAG-5 Mr. S.R.Sharan, A.C. to AAG-5 For the Respondents : Mr. Subodh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 6. 24-01-2012 Learned advocate Mr. Subodh Kumar Jha is present before us. He states that he shall appear for the respondents. Interlocutory Application No. 7711 of 2011: The delay of 43 days occurred in fili...


May 24 2012

Tushar Kant Sarsij @ Bablu Jee Vs. State of Bihar

Court: Patna

Decided on: May-24-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32367 of 2010 ====================================================== Tushar Kant Sarsij @ Bablu Jee .... .... Petitioner/s Versus State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rabindra Kr. Priyadarshi, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIKASH JAIN24. 01-2012 Learned counsel for the petitioner submits that the basic ingredients of section 139 of the Act are not fulfilled in the present case and the present prosecution may not be allowed to continue. Let the complainant be impleaded as opposite party no.2. Issue notice to the opposite party no. 2 by ordinary process as also by registered post with A/D to show cause as to why this application be not admitted for hearing o...


May 23 2012

Arun Sah Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2087 of 2012 ====================================================== Arun Sah .... .... 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 SINGH23. 01-2012 Petitioner is apprehending his arrest in a case registered for the offences under Sections 419, 420, 409, 467, 468, 471/34 of the I.P.C. Accusation is of committing irregularities in executing the scheme under MANREGA. The specific accusation is of using JCB machine instead of using manual labour and conducting work at different place than the required place. Petitioner was one of the executing agent. It appears that after enquiry the F.I.R. was lodged and in the enquiry, nothing was alleged against the petitioner, hence petitioner was not named in the F.I.R. It is further submitted that others have...


May 23 2012

Shankar Mahto Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.1803 of 2012 (2) dt.23-01-2012 1/2 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1803 of 2012 ====================================================== Shankar Mahto .... .... 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 SINGH23. 01-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 414/34 of the Indian Penal Code. A supplementary affidavit has been filed that after three years of the lodging of the F.I.R., one of the co-accused named this petitioner that he bought the alleged motorcycle from the petitioner. Supplementary affidavit further stipulates that the investigation is still pending against the petitioner whereas other F.I.R. named accused persons have been charge sheeted...


May 23 2012

Hemant Kumar Gupta @ Hemant Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF J UDICATURE AT PATNA Criminal Miscellaneous No.3454 of 2012 Hemant Kumar Gupta @ Hemant Kumar Versus The State Of Bihar ---------------------------------- 02. 23.01.2012. Heard learned counsel for the petitioner and learned Additional P.P. for the State. Petitioner has submitted that he has been appointed in accordance with protection of Human Right Act, 1993 and happens to be one of the functionaries of Human Right Commission although from Annexures-2 and 3 it appears that he was appointed by one National Human Right Protection council. As such the State is directed to clarify whether petitioners appointment under the National Human Right Protection Council happens to be in accordance with the relevant Act. Also call for the carbon copy of the 0case diary of Dinara(Bhansu)P.S.case No.233 of 2011 pending in the court of S.D.J.M., Bikramganj, District-Rohtas. Put up after receipt of the case diary. (Aditya Kumar Trivedi,J.) Brajesh kr....


May 23 2012

insan Ali Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3228 of 2012 Insan Ali, son of Sanaullah, resident of village Tikuliya, P.S. Sewarhi, district Kushinagar (U.P.) .. Petitioner Versus The State of Bihar .. Opposite party ---------------------------------- /2/ 23 January, Heard learned counsel for the petitioner and the 2012 State. This is a petition for grant of regular bail for offence under Section 25(1-B)(A), 26 and 35 of the Arms Act. The prosecution case, as alleged by the informant, Pradeep Kumar, that the petitioner came to his jewellery shop and tried to look the articles and then the mob, collected, caught him, make a search and recovered from the possession of the petitioner a pistol and six cartridges and the same was presented to the police on the basis of which first information report lodged under sections mentioned above. However, in view of Section 37 of the Arms Act, the petitioner was required to be released on executing a bound. Hence, having regard ...


May 23 2012

Md. Kalam Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.925 of 2011 Md. Kalam Versus The State Of Bihar ---------------------------------23. 1.2012 Heard Mr. Sakil Ahmad, learned Senior Counsel, in support of bail of the appellant. It is, inter alia, submitted that the appellant has been wrongly convicted under Section 302 IPC as per averments made in the fardbeyan itself. He submits that the appellant, if at all, had tried to assault with Kudal but missed the person and a four years old girl was accidentally killed. There was no intention to kill the girl. Be that as it may, during the pendency of the appeal, let above named appellant be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the trial court i.e. Additional District & Sessions Judge, F.T.C.-4., Khagaria in Sessions Trial no. 285 of 2003/ 115 of 2010. Realization of fine, if any, shall also remain stayed. Singh ( Navaniti Prasa...


May 23 2012

Santosh Chaudhary @ Santosh Kumar Chaudhary Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1856 of 2012 Santosh Chaudhary @ Santosh Kumar Chaudhary Versus The State Of Bihar ---------------------------------- 2/ 23.1.2012 Heard learned counsels for the petitioner and the State. The petitioner being the husband, is apprehending arrest in a case registered under sections 494 and 498A/34 of the Indian Penal Code. The accusation is that the petitioner performed second marriage and is not providing any money for maintenance to the informant. The petitioner denies the performance of second marriage. However, the petitioner is ready to pay Rs.1500/- per month to the complainant from March, 2012 by depositing the same in the bank account of the complainant by second week of every month. The informant accepts the offer of the petitioner and undertakes to supply her bank account number to the petitioner within a period of two weeks by filing the same through affidavit before the learned court below. The aforesaid payme...


May 23 2012

Sita Ram Paswan Vs. the State of Bihar and ors

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3261 of 2012 Sita Ram Paswan, S/o. Late Bijali Paswan, Resident of Village Belahari, P. S. Sikraul, Distt. Buxar. ............ Petitioner. Versus 1. The State of Bihar.2. Smt. Dhan Kumari Devi, D/o. Santa Paswan deed, R/o. Vill. Bhaanas, P. S. Dinara, Distt. Rohtas.3. Sonjharo Devi, W/o. Sitaram Paswan, R/o. Village + P. O. Belhari, P. S. Sikol, Distt. Buxar. ............... Opp. Party. ---------------------------------- 02/ 23.01.2012 Heard learned counsel for the petitioner and Mr. Umanath Mishra, A.P.P. learned counsel appearing on behalf of the State. This is a petition for grant of regular bail for the offence under Section 498A of the Indian Penal Code. There is allegation against the petitioner is that the victim is the second wife and she has been driven out. The petitioner is in jail since 30.06.2011. Hence, having regard to the facts and circumstances of the case, the above named petitioner is directed to be r...


May 23 2012

Lalu Kumar @ Lalu Rai Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3126 of 2012 Lalu Kumar @ Lalu Rai, son of Mohan Roy, resident of village Musepur (Malipur) P.S. Garhpura, district Begusarai .. Petitioner Versus The State of Bihar .. Opposite party **** /2/ 23 January, Heard the learned counsel for the petitioner. 2012 No one appears for the State. This is a petition for grant of regular bail for offence under Sections 307/34 of the Penal Code, 27 of the Arms Act and 3 and 4 of the Explosive Substances Act. The petitioner has not been named in the first information report. From the order of the Sessions Judge, Fast Track Court, V, Begusarai, the only material against the petitioner is the confessional statement and the petitioner is in jail since 09.07.2010. Hence, having regard to the facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connec...


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