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Patna Court May 2012 Judgments

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May 23 2012

Ram Briksh Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.39762 of 2011 (3) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39762 of 2011 ====================================================== Ram Briksh Yadav .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Gagandeo Yadav For the Opposite Party : Mr. Shyam Bihari Singh, A.P.P =====================================================23. 01-2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is not named in the first information report but in course of investigation when statement of injured was recorded at para 39 of the case diary, name of this petitioner came in this case. The contention of learned counsel for the petitioner is that petitioner has been implicated in this case on account of political rivalry and, as a matter of fact, some unknown persons had ...


May 23 2012

Kallu @ Ghanshyam Pandit @ Ghanshyam Kumar Vs. State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.378 of 2009 ====================================================== Kallu @ Ghanshyam Pandit @ Ghanshyam Kumar, S/O-Ram Saroop Prasad, R/V-Dariyapur Gola, P.S.-Kadam Kuan, District-Patna. .... .... Appellant. Versus The State of Bihar .... .... Respondent. ====================================================== Appearance : For the Appellant/s : Mr. Bishwa Bhushan Sahay, Advocate. For the Respondent/s : Mr. A.K. Sinha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA23. 01-2012 This appeal has come under the heading To Be Mentioned at the instance of the appellant. It has been submitted that appellant Kallu @ Ghanshyam Pandit @ Ghanshyam Kumar has been granted provisional bail on 21.12.2011 with some conditions. Later on, by order dated 04.01.2012 the conditi...


May 23 2012

Vinod Rishi and anr. Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3505 of 2012 Vinod Rishi & Anr. Versus The State Of Bihar ---------------------------------- 02. 23.01.2012. Heard learned counsel for the petitioner and learned Additional P.P. for the State. Petitioner Reena Devi happens to be daughter and petitioner Vinod Rishi happens to be son-in-law of Mausa of victim Jitni Kumari who was duped and taken away by them for getting her married out of state after realization money from incumbent. Victim has been examined under Section 164 of the Cr.P.C. She had put no allegation against Reena Devi at the other hand encircled petitioner Vinod Rishi. Victim happens to be minor aged about 12 years. In the aforesaid facts and circumstances of the case, petitioner, namely, Reena Devi 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 Chief Judicial Magistrate, Katihar in Manihari P.S.case N...


May 23 2012

Md. Parwej Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2064 of 2012 Md. Parwej Versus The State Of Bihar ---------------------------------- 2/ 23.1.2012 Learned counsel for the petitioner is permitted to make necessary correction in the petition, as prayed for. Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered under sections 457 and 380 of the Indian Penal Code. The accusation is of theft of iron, nut and bolts of the machines of the informant. Subsequently, the stolen articles were recovered from the rubbish shop of the petitioner. It appears that others have been granted regular bail by this Court in Cr. Misc. No. 43714 of 2011. Considering the aforesaid facts, this Court see no reason for the learned court below not to grant the same privilege to the petitioner in case he surrenders in the court below within six weeks from today in connection with Mojahidpur (Baberganj) P.S. Case no. 121 of 2011 pending in...


May 23 2012

Pintu Singh Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2089 of 2012 ================================================== Pintu 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 SINGH23. 01-2012 Petitioner is apprehending his arrest in a case registered for the offences under Sections 302, 147, 148, 149, 120B of the I.P.C. and Section 27 of the Arms Act. Petitioner was granted anticipatory bail till submissions of the charge-sheet vide Cr. Misc. No. 53665 of 2007 on 23.06.2008 as gets reflected from Annexure-1. Petitioner has renewed his prayer for bail after submission of the charge-sheet. In view of this Court, the anticipatory bail application is not maintainable in view of the ratio laid down by the Division Bench of this Court in the case of Bishundeo Sahu versus State of Bihar reported in...


May 23 2012

Pintu Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38369 of 2011 Pintu Yadav 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 in a case registered under Sections-302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that on the alleged date of occurrence, one Ram Charitra Yadav was assaulted by deceased, Preman Manjhi and his son and in retaliation to the aforesaid occurrence; villagers assaulted the deceased of the present case with fist and slaps. It is further contended by him that no doubt, the petitioner is named in the first information report but no specific allegation has been levelled against him and only an omnibus allegation of assault has been levelled against the petitioner. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, the petit...


May 23 2012

Chandan Mahaldar @ Jhabra Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3142 of 2012 Chandan Mahaldar @ Jhabra, son of Kanak Lal Mahaldar, resident of village Harihorpur, P.S. Routara, district Katihar .. Petitioner Versus The State of Bihar .. Opposite party **** /2/ 23 January, Heard learned counsel for the petitioner and 2012 the State. This is a petition for grant of regular bail for offence under Sections 393 of the Penal Code and 27 of the Arms Act. The first information report is against unknown. However, the witnesses stated that they saw the petitioner standing with his accomplish and the petitioner is in jail since 12.11.2011. No specific overt act has been assigned against the petitioner and the petitioner stated in paragraph 10 of his petition that he is only implicated in one case in which he has been granted bail. 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 t...


May 23 2012

Kiro Sada Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3169 of 2012 Kiro Sada, Son of Medni Sada, resident of village Sonmanki Musahri Tola, Police Station Allouli, District Khagaria. ........ Petitioner. Versus The State of Bihar .... Opp. Party. ---------------------------------- 02/ 23.01.2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail for the offence under Section 302 and other allied Sections of the Indian Penal Code. However, in the fardbeyan there is specific allegation that Company Mandal gave a Lathi blow at the informant but in the meantime the father of the informant came to save the informant and hence received injury by Lathi on the back by which he succumbed to injury. However, the role attributed to the petitioner, Kiro Sada is only the member of the mob. The petitioner is in jail since 29.11.2011. Hence, having regard to the facts and circumstances of the case, the above named peti...


May 23 2012

Md. Kaisar Ali @ Kaushar Ali Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 3123 of 2012 Md. Kaisar Ali @ Kaushar Ali, Urdu Teacher, Up-graded School, Katar, Son of Shaukat Ali, resident of village Katar, Police Station Piro (Hasan Bazar), District - Bhojpur. .............. Petitioner. Versus The State of Bihar .............. Opp. Party. ---------------------------------- 02/ 23.01.2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for grant of regular bail for the offence under Sections 409, 379 and 411 of the Indian Penal Code. It is alleged that 14 bags of Government rice was recovered from one co-accused Md. Alamgir and in his confessional statement it is said that he has purchased the said rice from Md. Kaisar Ali @ Kaushar Ali, who is a Urdu Teacher, in Up-graded School, Katar. The petitioner is in jail since 16.11.2011. However, there is no mention that from where Md. Kaishar Ali @ Kaushar Ali has brought this rice. Hence, having regard t...


May 23 2012

Manish Kumar Sharma @ Manish Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42770 of 2011 ====================================================== 1. Manish Kumar Sharma @ Manish Kumar S/O Late Nawal Kishore Sharma, R/o Shiv Nagar Colony, Chotki Delha, P.S. Delha, District Gaya .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA23. 01-2012 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. Petitioner is one of the named accused in this Complaint Case with allegation of taking substantial amount from the complainant at the time of illness of his father who, in turn, issued two cheques but the same were never present...


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