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Patna Court May 2012 Judgments

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May 23 2012

Sanjay Yadav @ Azit Yadav @ Ajeet Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.44464 of 2011 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44464 of 2011 ====================================================== Sanjay Yadav @ Azit Yadav @ Ajeet Yadav Son Of Subhash Yadav Resident Of Village - Harbasa, Police Station - Gopalganj, District - Gopalganj. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== 02. 23-01-2012 Heard learned counsel appearing on behalf of the petitioner, learned counsel for the State and Mr. Dharmvir, learned counsel appearing on behalf of the informant who opposes the prayer made in the bail application. The petitioner is in custody in connection with Sidhwalia P.S. Case No. 94 of 2009 for the offence punishable under Sections 323, 376, 511/34 of the Indian Penal Code. Learned counsel submits that there is an unexplained delay in instituting the case and whereas the alleged occurrence is said to have ta...


May 23 2012

Mahendra Prasad Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3151 of 2012 Mahendra Prasad, son of Sukul Prasad, resident of village Karamwan, P.S. Majhaulia, district West Champaran .. Petitioner Versus The State of Bihar .. Opposite party **** /2/ 23 January, Heard the learned counsel for the 2012 petitioner. No one appears for the State. This is a petition for regular bail for offence under Sections 302 and other sections of the Penal Code and 27 of the Arms Act. The petitioner has been attributed the role that he was member of the mob of twenty persons and the deceased, Nathai, assaulted by Prahlad and Sukul Prasad by farsa causing injury on the head of the deceased. The learned counsel for the petitioner submits that Sukul Prasad has already been granted bail in Cr. Misc. No. 43931 of 2011 and the case of the petitioner is on better footing. Hence, having regard to the facts and circumstances, the petitioner, above named, is 2 directed to be released on bail on furnishing bai...


May 23 2012

Raju Paswan Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.3431 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3431 of 2012 ====================================================== Raju Paswan .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. R.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER (Per: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI23. 01-2012 Heard learned counsel for the petitioner who has moved instant bail petition in Baroon P.S.Case No.81 of 2011. Submission is that petitioner was apprehended at the railway station according to version of the informant while from Annexure-2, FIR of Nabinagar P.S.Case No.75 of 2011 petitioner was apprehended in course of chase by the villagers from village-Sasana. So there happens to be the contradictory state of affair so far manner of app...


May 23 2012

Umesh Prasad @ Umesh Bhagat @ Umesh Kumar @ Mithelesh Kumar Vs. the St ...

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.35040 of 2011 (3) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35040 of 2011 ====================================================== Umesh Prasad @ Umesh Bhagat @ Umesh Kumar @ Mithelesh Kumar Singh .... .... 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 It is pointed out by learned counsel for the petitioner that case diary of Kotwa P.S. Case No. 170 of 2011 has already been received in connection with Cr. Misc. No. 34939 of 2011 but disposal section of this Court has reported that the record of Cr. Misc. No. 34939 of 2011 has not been received in disposal section. In the aforesaid circumstance, the office is directed to trace out the aforesaid record and attach the c...


May 23 2012

Rohit Das Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36882 of 2011 ====================================================== Rohit Das, Son of late Sukhdeo Das. .... .... 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 petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph 42 dated 15/10/2011. The petitioner is apprehending his arrest in connection with Kadwa (Balia Belan) P.S. Case No. 126 of 2011 for the offence punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code, pending in the Court of Chief Judicial Magistrate, Katihar. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to surrender before...


May 23 2012

Rakesh Kumar @ Rajesh Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.44450 of 2011 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44450 of 2011 ====================================================== Rakesh Kumar @ Rajesh Kumar Son Of Shri Jhingar Chaudhary R/O Mohalla - Kutchahari Dhala, P.S. And District - Saharsa. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 02. 23-01-2012 Heard learned counsel appearing on behalf of the parties. The petitioner is in custody in connection with Misc. Case No. 05 of 2006 for the offence punishable under Section 16(a)(i) read with Rule 32 and Section 7 read with Rule 50(i) of the Prevention of Food Adulteration Act, 1954. Taking into consideration the submission of learned counsel that for the recovery of allegedly adulterated and mis-branded chips, the petitioner having a clean antecedent has been in custody since 9.11.2011, let the petitioner Rakesh Kumar @ Rajesh Kuma...


May 23 2012

Fatma Khatoon and anr. Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.3288 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3288 of 2012 ====================================================== 1. Fatma Khatoon, wife of Md. Yusuf.2. Subda Khatoon, wife of Md. Kalam. Both resident of Village- Oksi, Police Station- Lakhnour, District- Madhubani. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE GOPAL PRASAD23. 01-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners have been arrested in connection with Lakhnour Police Station Case No. 59 of 2011, registered for offence under Sections 341, 323, 324, 307, 302 and 504/34 of the Indian Penal Code. There is allegation that Md. Yusuf armed with lathi, Md. Kalam armed with Tanghi, Fatma khatoon and Subda Khatoon armed with lathi came and assaulted the husband of the informant. However allegatio...


May 23 2012

Bimla Devi Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38229 of 2011 ====================================================== Bimla Devi W/O Basudeo Nat R/O Village- Kathdihari, P.S.- Sasaram Mufasil, District- Rohtas .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Ranjan Pandey For the Opposite Party/s : Mr. Damodar Pd. Tiwary, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA23. 01-2012 After some arguments learned counsel for the petitioner seeks permission to withdraw this application in order to enable the petitioner to surrender within fortnight in Sasaram (Mufassil) P.S. Case no. 1098 of 2010 before the court below (Chief Judicial Magistrate, Rohtas at Sasaram) and seek regular bail which will be considered on merit without being p...


May 23 2012

Narendra Kumar Singh @ Pinku Singh Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42380 of 2011 ====================================================== Narendra Kumar Singh @ Pinku Singh .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA23. 01-2012 Heard learned Counsel for the petitioner and the State. This application has come under the heading To Be Mentioned at the instance of the petitioner. Learned Counsel for the petitioner has submitted that the case diary has already been received but the connected record of the Cr. Misc. No. 40469 of 2011 is not available. The connected record of Cr. Misc. No. 40469 of 2011 is not being traced in the office but it has been submitted that the certified copy of the order of the aforesaid case is available before the learned Advocate. As prayed for, put up this application u...


May 23 2012

Munna Kumar Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3548 of 2012 Munna Kumar Versus The State Of Bihar ---------------------------------- 02. 23.01.2012. Heard learned counsel for the petitioner and learned Additional P.P. for the State. 1100 litres of kerosene oil was seized from Tata Magic bearing registration no.BR-1AM-9379 over which petitioner was also present and accordingly he along with driver has been booked. However, it has been disclosed by them that the aforesaid kerosene oil was purchased from one Master Jee for Rs.26,000/-. It has been submitted on behalf of the petitioner that he was mere a passenger without having any access with regard to kerosene oil whatever been seized. Also submitted that the aforesaid theme is also evident from the seizure list which did not encircle the petitioner so far seizure is concerned. In the aforesaid facts and circumstances of the case, petitioner, namely, Munna Kumar is directed to be released on bail on furnishing bail b...


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