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Patna Court May 2012 Judgments

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May 23 2012

Chhotu Singh 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.39548 of 2011 ====================================================== 1.Chhotu Singh, Son of Late Mathura. 2.Sanjeet Kumar Singh, Son of Ranjeet Prasad Singh. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA23. 01-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph 41 dated 10/10/2011. The petitioners are apprehending their arrest in connection with a case registered for the offence punishable under Sections 366(A), 372/34 of the Indian Penal Code, are named accused in this case of kidnapping of minor daughter of the informant who is still traceless. Though, on basis of paragraph 85-86 containing conversation of investi...


May 23 2012

Janakdhari Singh and ors Vs. Sri Lal Bihari Singh

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.588 of 1985 Janakdhari Singh & Ors Versus Sri Lal Bihari Singh ---------------------------------- 40. 23.01.2012 Heard the learned counsel for the parties on the interlocutory application No. 8495 of 2011. This interlocutory application has been filed by the plaintiff respondent under Order 39 Rule 1 & 2 of the Code of Civil Procedure praying for restraining the appellants from disposing of the portion of suit plot No.680. According to the learned counsel for the respondent the appellants are trying to negotiate for selling the same. On the contrary, a counter affidavit has been field by the appellants and the learned counsel Mr. Chakravarti Singh appearing on behalf of the appellants submitted that the respondent has filed the application making false allegation. In fact the appellants are not negotiating nor they are desiring to sell the said property. The learned counsel further submitted that the appeal may be heard at an ear...


May 23 2012

Ajit Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1067 of 2012 ====================================================== Ajit Kumar, Son of Ashok Prasad, R/O Moh1ll1 - Shital Tola (Bus Stand), P.S.-Nawada (Ara), Distt.-Bhojpur .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== With Criminal Miscellaneous No.2258 of 2012 ====================================================== Chandan Kumar Mahto S/O Amirchand Singh, Resident of Village- Pakariyabar, P.S.- Udwant Nagar, District- Bhojpur .... .... 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 petitioners and the State. The petitioners are in custody in a case registered under Sections initially registered under Section 394 of the Indi...


May 23 2012

Shashi Kant Kumar @ Chhotu @ Netu Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3222 of 2012 Shashi Kant Kumar @ Chhotu @ Netu, son of Sri Naresh Prasad, resident of village Chainpur, P.S. Chandi, district Nalanda .. 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 394 of the Penal Code. The first information report is against unknown, however, from the order of the Sessions Judge, rejecting the prayer for bail, it transpired that the petitioner has been arrested only on suspicion and the petitioner is in jail since 05.07.2009. 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 connection with Didarganj P.S. Case No. 101 of 2009 to the satisfac...


May 23 2012

Jawahar Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.3302 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3302 of 2012 ====================================================== Jawahar Yadav, son of Late Moti Rai, resident of Village- Rampur, P.S. Naubatpur, District- Patna. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. For the petitioner :- Mr. Amitesh Kumar, Advocate. For the State :- Mr. Anuj Kumar Srivastava, A.P.P. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE GOPAL PRASAD23. 01-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Bihta P.S. Case No. 334 of 2010, registered for offence under Sections 341, 323, 324 and 307/34 of the Indian Penal Code. There is allegation that petitioner Jawahar Yadav, Binod Yadav, Vikram Yadav, Bibhuti Yadav and Sudeshwar Yadav surrounded the informant and started assaulting the informant...


May 23 2012

Kaushlendra Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.1924 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1924 of 2012 ====================================================== Kaushlendra 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 SINGH23. 01-2012 Heard learned counsels for the petitioners and the State. The petitioner being the Secretary of Bihar Gramin Jagrukta Abhiyan Samitee is apprehending his arrest in a case registered under Sections 409 and 420 of the Indian Penal Code. It is alleged that during inspection it was found that attendance register showed presence of ten women when only two women were found present and name of six women were wiped out from the records by applying whitener. It is further alleged that seven employees were shown in the attendance register to...


May 23 2012

Rajesh Rajwanshi Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29331 of 2011 Rajesh Rajwanshi Versus The State Of Bihar ---------------------------------23. 01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Admittedly, petitioner is not named in the first information report and in course of investigation, it is stated that looted driving licence as well as mobile phone of the informant were recovered from possession of the petitioner. Learned counsel for the petitioner drew my attention towards paragraphs- 28 & 29 of the case diary and submitted that vehicle in question, was recovered just after one day of the alleged occurrence from a lonely place and the police has reported that except the present case, the petitioner does not have any criminal antecedent. Although learned counsel for the informant opposes the prayer but considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner...


May 23 2012

Rajnath Sahni Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.42053 of 2011 (3) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42053 of 2011 ====================================================== Rajnath Sahni, S/O-Asharfi Sahni .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA23. 01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. It is pointed out by learned counsel for the petitioner that in prayer portion of petition, in place of Maniyari P.S. Case No. 82 of 2011, it has wrongly been typed as Maniyari Town P.S. Case No. 82 of 2011 and on account of the aforesaid mistake, the same defect has also occurred in last paragraph of order dated 20.12.2011 passed in Cr. Misc. No. 4...


May 23 2012

Raj Kumar Prasad Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.42854 of 2011 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42854 of 2011 =================================================== Tulsi Prasad, S/O - Late Ramdas Sah R/O Vill. Rohtasgarh, P.S. Rohtas, Distt. Rohtas at Sasaram. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party =================================================== With Criminal Miscellaneous No.44177 of 2011 =================================================== Raj Kumar Prasad Late Hazari Sah Koshdihara, P.S.-Rohtas, District- Rohtas at Sasaram. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party =================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA23. 01-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both petitioners, apprehending their arrest in connection with R...


May 23 2012

Lal Bahadur Kushwaha 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.2138 of 2012 ====================================================== Lal Bahadur Kushwaha & Anr. .... .... 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 Petitioners are apprehending their arrest in a case registered for the offences under Sections 448, 504, 506 of the I.P.C. and Section 27 of the Arms Act. It is alleged that petitioners took Rs. 1000/- and returned only Rs. 700/- and on demand being made, firing was made. It is submitted by learned counsel for the petitioners that no injury has been caused to anyone and petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners namely 1. Lal Bahadur Kushwaha 2. Upendra Gupta, in the event of their arrest or surrender before the Court below within...


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