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Patna Court May 2012 Judgments

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May 23 2012

Janardan Pandey Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1990 of 2012 Janardan Pandey Versus The State Of Bihar ---------------------------------- 2/ 23.1.2012 Heard learned counsels for the petitioner and the State. The petitioner being uncle of the husband, is apprehending arrest in a case registered under sections 302/34 of the Indian Penal Code. The accusation is of killing the victim for non- fulfillment of dowry demand. The specific accusation of pouring kerosene oil is against the husband of the victim whereas brothers of the husband lit the fire and other brothers closed the door. Considering the fact that the present petitioner does not bear any specific accusation, let the above named petitioner be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Gopalganj in Sidh...


May 23 2012

Raju Sao Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.39364 of 2011 (3) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39364 of 2011 ====================================================== Raju Sao .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Rajeev Ranjan II For the Opposite Party : Mr. Pradip Nr. Kumar, A.P.23. 01-2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 6.6.2011 in a case registered under sections 20, 22, 23 and 24 of the NDPS Act. Admittedly, alleged recovery has been made from the dicky of the bus and the same has not been recovered from the conscious possession of the petitioner. It is also admitted position that as per prosecution case, informant has not seen the petitioner keeping the seized article in the dicky of the bus and he reached at the place of t...


May 23 2012

Dhananjay Kumar Singh Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2042 of 2012 Dhananjay Kumar Singh Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.2188 of 2012 Akhileshwar Prasad Singh Versus The State Of Bihar ---------------------------------- 2/ 23.1.2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered under sections 353 and 307/34 of the Indian Penal Code and sections 4 and 5 of the Explosive Substances Act. The accusation is that on the order of the Collector, Sasaram, measurement work was going on in the forest area when several persons including the petitioner made blast for mining operation. It is submitted that petitioners mining lease was valid till 2014 and there is no specific accusation against the petitioners and it appears from the FIR that subsequently, the informant in order to get the police protection has lodged this case as he has admitted that measu...


May 23 2012

Ajit Bhagat Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.69 of 2011 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.69 of 2011 ====================================================== Ajit Bhagat .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Brij Nandan Prasad, Advocate. For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY23. 01-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 3.11.2010 passed by the Judicial Magistrate, Ist Class, Banka in G.R. No.1015, corresponding to Amarpur P.S. Case no.153 of 2008 by which the learned Magistrate has been pleased to reject the petition under Section 239 of the Code of Criminal Pro...


May 23 2012

Bimlesh Thakur @ Manjee Thakur Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.676 of 2011 Bimlesh Thakur @ Manjee Thakur Versus The State Of Bihar ---------------------------------23. 1.2012 The appellant has been in custody since 24.11.2006 and the date of occurrence is 11.11.2006. Though the appellant had taken no plea of juvenility in the trial court, it is submitted that the appellant is a juvenile, whose date of birth is 1 st September, 1990 , as per Annexure 2, which is a transfer certificate issued by Rajapur Uchya Vidyalaya, Arjunpur (Buxar) issued by the Principal being Certificate No. 435, dated 3.12.2004. Before we proceed further in the matter, we would like to direct the appellant to bring on record the fact that he had passed Class IX. He must have surely filled up Registration Form and application for appearing in matriculation/ higher secondary examination. Put up this matter on 6.2.2012, under the same heading, to enable learned counsel for the appellant to bring on record the afor...


May 23 2012

NaziruddIn and ors. Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.40624 of 2011 (3) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40624 of 2011 ====================================================== Naziruddin & Ors. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Radha Mohan Singh For the Opposite Party : Mr. Mani Mudhukar, A.P.P =====================================================23. 01-2012 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Although petitioners are named in the first information report but there is specific allegation against them that they assaulted injured, namely, Monazir Alam as well as Israrul Haque. Learned counsel for the petitioners submits that injury reports of the aforesaid injured are not available on the case diary. Considering the aforesaid facts and circumstances as well as submissions o...


May 23 2012

Manoj Yadav @ Munna Yadav @ Manoj Kumar Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38736 of 2011 Manoj Yadav @ Munna Yadav @ Manoj Kumar Yadav Versus The State Of Bihar with Criminal Miscellaneous No.39282 of 2011 Sanny @ Sanny Kumar @ Sani Raj @ Sani Mandal Versus The State Of Bihar ---------------------------------23. 01-2012 Both the above-said Cr. Misc. Cases arise out of K.Hat (Maranga) P.S. case No. 362 of 2011 and accordingly, the above-said Cr. Misc. Cases are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner in Cr.Misc. No. 38736 of 2011 is named whereas; petitioner in Cr. Misc. No. 39282 of 2011 is not named and his name surfaced in course of investigation on the ground that he was last seen with the deceased. It would appear from perusal of the case diary as well as submission of the parties that except confessional statement of co-accused, ...


May 23 2012

Arun Kumar Singh @ Arun Singh Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.40008 of 2011 (3) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40008 of 2011 ====================================================== Arun Kumar Singh @ Arun Singh .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Raj Kishore Prasad For the Opposite Party : Mr. Zainul Abadin, A.P.23. 01-2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 6.9.2011 (wrongly mentioned in the impugned order as 16.9.2011) in a case registered under sections 379 and 411 of the IPC on the allegations that he along with co-accused Dayanand Puri were caught at the spot and stolen rupees three thousand were recovered from the possession of the petitioner. Learned counsel for the petitioner points out that co-accused Dayanand Puri has already been gran...


May 23 2012

Sanjay Giri Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1019 of 2012 ====================================================== Sanjay Giri S/o Rameshwar Giri Resident of Village Englishiya, Police Station Chautarwa, District West Champaran. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 02/ 23-01-2012 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 26.10.2011 in a case registered under Sections 328, 307, 379 & 411/34 of the Indian Penal Code. It is alleged that the informants son was administered some intoxicant when his belongings were taken way by the miscreants. Three persons were apprehended and from them one mobile of the informants son and some clothes were recovered. It is orally submitted that the petitioner has no criminal ant...


May 23 2012

Md. Shaheed Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34933 of 2011 Md. Shaheed Versus The State Of Bihar ---------------------------------23. 01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 25-05-2011 in a case registered under Sections-302, 328, 504, 506/34 of the Indian Penal Code. Admittedly, petitioner is husband of the deceased and furthermore, it is an admitted position that none has seen the actual killing of the deceased and the case is based upon circumstantial evidence. The allegation against the petitioner is based on the circumstance that he had illicit relationship with another woman causing annoyance to the deceased. Admittedly, the marriage of deceased had taken place 15 years ago and she was mother of five children. Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner, namely, Md. Shaheed is directed to be r...


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