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Patna Court May 2012 Judgments

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May 23 2012

Bhushan Yadav Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.391 of 2011 Bhushan Yadav son of late Brahmadeo Yadav, Resident of village-Aaini (Rudrasthan), Balwahat outpost, P.S.-Bakhatiyarpur, District- Saharsa. Versus The State Of Bihar ---------- 3. 23.1.2012. This appeal will be heard along with Cr.Appeal No.364 of 2011. Examined the lower court records and heard learned counsel for the informant. It appears that the deceased was assaulted, as per medical evidence, by hard and blunt substance. On 31.7.2009 he was taken to Saharsa Hospital, admitted and then referred to P.M.C.H. From P.M.C.H. he was taken to another hospital Rajeshwar Hospital, Patna. He ultimately died after operation. The statement, that has been treated as fardbeyan, was recorded on 13.8.2009 at Rajeshwar Hospital, Patna, given by brother of the deceased, which is about 13 days after the occurrence and treatment, on the basis of which learned counsel for the appellant submits that there is unexplained delay i...


May 23 2012

Pappu Choudhary Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44430 of 2011 ====================================================== Pappu Choudhary Son of Satendra Choudhary, Resident Of Village- Jaddu Paran, Police Station- Chak Mehsi, District- Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN23. 01-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Chak Mehsi P.S.Case No.40 of 2010 for the offences punishable under sections 341, 323, 302, 504/34 of the Indian Penal Code. The allegation against the petitioner and two o...


May 23 2012

Aurangjeb Beg and ors Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38916 of 2011 ====================================================== 1. Aurangjeb Beg S/O Sadauddin Beg Resident Of Village- Pewandi, P.S.- Chenari, District- Rohtas 2. Minhaj Beg S/O Late Sujayat Beg Resident Of Village- Pewandi, P.S.- Chenari, District- Rohtas 3. Abdul Beg @ Salauddin Beg S/O Ataullah Beg Resident Of Village- Pewandi, P.S.- Chenari, District- Rohtas .... .... Petitioners Versus 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 petitioners and learned Additional Public Prosecutor for the State. All the three petitioners are named accused in this Case relating to a dispute arising out of T...


May 23 2012

Lalita Devi Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38720 of 2011 Lalita Devi Versus The State Of Bihar ------ 03/ 23.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being lady is languishing in jail custody since 29.7.2011 in a case registered under sections 366A and 372/34 of the IPC. Admittedly, no specific overt-act has been attributed against the petitioner and in course of investigation some witnesses claimed to have seen the victim girl in the company of the husband of the petitioner. The investigation of this case has already been completed in respect of the petitioner. Accordingly, petitioner, Lalita Devi, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj in Kishanganj P.S. Case no. 274/2011. Shahid Hassan (Hemant Kumar Srivastava,J)...


May 23 2012

Rambali Paswan Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3433 of 2012 Rambali Paswan Versus The State Of Bihar ---------------------------------- For the Petitioner:- Mr. A.K. Sinha, Adv Mr. S.K. Sinha, Adv. -------------------------------------- 2/ 23/01/2012 Heard learned counsel for the petitioner. None represents state. An unsuccessful attempt to ravish informant, Urmila Kuwar in the night on 11.9.2009 was made by the petitioner Rambali Paswan along with Jitendra Yadav for which it has been submitted that he has been falsely implicated on account of village politics. Further been submitted that there happens to be delay and only to explain the same, it has been incorporated that information was led to P.S concerned but not supported during course of investigation. Also submitted that petitioner happens to be under custody since 26.09.2011. Co-accused, Jitendra Yadav stood enlarged on bail by learned lower court itself. In the aforesaid facts and circumstances of the case,...


May 23 2012

Radhey Shyam @ Gulteni Vs. State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.39734 of 2010 (4) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39734 of 2010 ====================================================== Radhey Shyam @ Gulteni .... .... Petitioner/s Versus State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA23. 01-2012 Perused the office report. It would appear from perusal of the office report that antecedent report of petitioner, Radhey Shyam @ Gulteni who is an accused in Gopalpur P.S. Case No. 88 of 2009 was called for from the court of 1st Additional Sessions Judge, Gopalganj and two reminders were sent to the aforesaid court but up-till-now the antecedent report has not been received. Let a reminder be issued to the aforesaid court as well as Superintendent of Police, Gopal...


May 23 2012

Dinesh Thakur Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

Patna High Court Cr.Misc. No.1079 of 2012 (2) dt.23-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1079 of 2012 ====================================================== Dinesh Thakur .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== 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 languishing in custody since 14.11.2011 in a case registered for the offence under Section 7 of the E.C. Act. F.I.R. was lodged on recovery of 2000 liters of kerosene oil in 11 drums from Pick up Van. The petitioner was driver of the said Pick up van. Considering the period under custody, let the petitioner above named 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 the lear...


May 23 2012

Sudhir Prasad @ BipIn Kumar 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.3146 o1. Sudhir Prasad @ Bipin Kumar, son of late Gopal Sao 2. Kamala Kuer, wife of Gopal Sao, both residents of village Chandi, P.S. Chandi, district Bhojpur .. Petitioners Versus The State of Bihar .. Opposite party **** /2/ 23 January, Heard the learned counsel for the 2012 petitioners. No one appears for the State. This is a petition for regular bail for offence under Section 376 and other sections of the Penal Code. The only allegation against the petitioners is that they cooperated in kidnapping the victim. Petitioner no. 1 is the son of petitioner no. 2, who is a lady, and both the petitioners are in jail since 25.08.2011. Hence, having regard to the facts and circumstances, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Chandi P.S. Case No. 41 of 2010 to the satisfact...


May 23 2012

Sukhram Mehta @ Sukho Mehta Vs. the State of Bihar

Court: Patna

Decided on: May-23-2012

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27502 of 2011 Sukhram Mehta @ Sukho Mehta Versus The State Of Bihar ---------------------------------23. 01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is not named in the first information report but in course of investigation, some witnesses stated that they had seen the petitioner fleeing from the place of occurrence whereas; two witnesses, namely, Bhola Muykhiya and Achchay Das, specifically stated this fact that this petitioner opened fire on the deceased. Admittedly, both the above-said witnesses are residents of village-Bathnaha that is co-villagers of the informant and they claimed to be eye witnesse of the alleged occurrence but admittedly, they did not disclose the name of the petitioner to informant before lodging of his fardbeyan. Moreover, learned counsel for the petitioner points out th...


May 23 2012

Md. Faruque 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.929 of 2012 ====================================================== 1. Md. Faruque S/o Ismail Mian R/o Village-Adalpur, P.S.-Jehdaha, Distt.-Vaishali 2. Ismail Mian S/o Md. Abul Hassan R/o Village-Bithauli, P.S.- Bhagwanpur, Distt.-Vaishali .... .... Petitioners. 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 448, 341, 323, 324, 307 and 379/34 of the Indian Penal Code. The accusation is of making assault. It is submitted by learned counsel for the petitioners that the injury has been found to be simple. There is counter version of the occurrence and the petitioners have also received injuries. Considering the aforesai...


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