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May 09 2014 (HC)

Raj Kumar Singh Vs. the State of Bihar and Others

Court : Patna

Petitioner has filed this writ application for a direction to the respondents to grant him promotion to the post of Superintending Engineer with effect from 4th January, 1993 the date from which his juniors were promoted and for release of consequential benefits of the same. The facts of the case are that, after his promotion and, in due course of posting, petitioner was holding the post of Executive Engineer in Water Resources Department at the relevant time. On 20.3.1985 final gradation list of Assistant Engineers was prepared in which petitioner was placed at serial no.379. Subsequently he was promoted as Executive Engineer from which post he superannuated with effect from 30.6.1995. After his superannuation D.P.C. was held on 30.12.1995 in which the cases of Executive Engineers of the Department were considered for promotion. On that date, two departmental proceedings were pending against petitioner from before. Hence the D.P.C. did not consider his case for promotion and kept it p...

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May 08 2014 (HC)

Pramod Yadav and Others Vs. the State of Bihar

Court : Patna

1. Appellants Naga Yadav @ Nag Yadav, Shyam Babu Yadav @ Shyam Babu and Pramod Yadav have been found guilty for an offence punishable under Section 364/34 of the I.P.C. vide judgment of conviction dated 13.11.2013 and each one has been directed to undergo rigorous imprisonment for ten years as well as fined of Rs. Five thousand in defualt thereof, to undergo rigorous imprisonment for three months additionally vide order of sentence dated 21.11.2013 by the Ad hoc Additional Sessions Judge-1st, Patna in Sessions Trial no.695 of 2006 have challenged the same under instant appeal. 2. PW-6 Ajay Kumar filed a written report on 11.06.2005 alleging inter alia that he happens to be proprietor of Star Bright Musical Group, wherein Pramod Kumar Yadav was also engaged. Few days ago, he had taken away cash from his office and on account thereof, a case was registered against him. Today i.e. 11.06.2005 at evening hour while was going to Hilsa along with group members and as soon as the vehicle reach...

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May 08 2014 (HC)

Satish Kumar Vs. State of Bihar

Court : Patna

S.P. Singh, J. 1. The present appeal is directed against the judgment of conviction, dated 18.09.2008, and the order of sentence, dated 20.09.2008, passed by the learned Additional Sessions Judge, Fast Track Court No. IV, Begusarai, in Sessions Trial No. 442 of 2004, whereunder the accused-appellant has been convicted under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959. For his conviction under Section 302 of the Indian Penal Code, the accused-appellant, Satish Kumar, has been sentenced to undergo imprisonment for life and, for his conviction under Section 27 of the Arms Act, 1959, the accused-appellant, Satish Kumar, has been sentenced to undergo rigorous imprisonment for three years. Both the sentences having been directed to run concurrently. 2. The prosecutions case, as made out in the fardbayan of the informant, Sujeet Kumar Singh, son of Vishundeo Singh, resident of Village Hajipur, P.S. Barauni, District Begusarai, recorded by S.M. Khurseed, Sub Inspe...

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May 08 2014 (HC)

Jitendra Rai and Another Vs. the Union of India

Court : Patna

1. Criminal Appeal No.949 of 2011 filed on behalf of appellant Dinesh Singh and Criminal Appeal No.1134 of 2011 filed on behalf of appellant Jitendra Rai were preferred from Jail. However, in due course, appellant of Cr. Appeal No.1134 of 2011 was duly represented by the learned counsel while appellant of Cr. Appeal No.949 of 2011 was represented by the learned Amicus Curiae. 2. Both two above referred appeals commonly originate out of DRI Case no.06 of 2004, wherein judgment of conviction was delivered on 11.04.2011, convicting both the appellants namely Dinesh Singh and Jitendra Rai for an offence punishable under Sections 20(B), 23, 25 of the N.D.P.S. Act and each one of them was sentenced vide order dated 18.04.2011 to suffer rigorous imprisonment of ten years as well as fine of Rs. One lac in default thereof, to suffer simple imprisonment of one year additionally under each head with a further direction to run the sentences concurrently by the 7th Additional Sessions Judge-cum-Spe...

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May 07 2014 (HC)

Munni Noniya and Others Vs. the State of Bihar

Court : Patna

I.A. Ansari, J 1. Under challenge, in the present appeals, is the judgment, dated 27.11.2013, of conviction, in Sessions Trial No. 422 of 2003/21 of 2012, by the learned Ad hoc Additional Sessions Judge V, Gaya, and the order, dated 30.11.2013, whereby various sentences have been passed against the accused-appellants. 2. By the impugned judgment, learned trial Court has convicted all the accused-appellants, except accused-appellant, Deo Nandan Noniya, under Section 302 read with Section 149 of the Indian Penal Code. The learned trial Court has convicted the accused-appellant, Deo Nandan Noniya, under Section 302 of the Indian Penal Code. For their conviction, under Section 302 read with Section 149 of the Indian Penal Code, all the accused-appellants, except Deo Nandan Noniya, have been sentenced to undergo imprisonment for life and pay fine of Rs. 5,000/- each and, in default of payment of fine, suffer simple imprisonment for two months. For his conviction under Section 302 of the Ind...

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May 07 2014 (HC)

The State of Bihar and Others Vs. Upendra Kumar Thakur @ Upendra Kumar ...

Court : Patna

S.P. Singh, J. 1. Under challenge, in the present appeals, is the judgment, dated 25.11.2013, passed, in Sessions Trial No. 1480 of 2011, by learned Additional Sessions Judge-ii, Patna, and the order, dated 07.12.2013, whereby various sentences have been passed against the accused-appellants. 2. By the impugned judgment, learned trial Court has convicted the accused-appellants under Sections 394, 411 and 302 read with Section 34 of the Indian Penal Code. Following their conviction under Section 302 read with Section 34 of the Indian Penal Code, both the accused-appellants have been sentenced to death and also pay fine of Rs. 10,000/- each and, in default of payment of fine, suffer simple imprisonment for three months. For their conviction under Section 394 read with Section 34 of the Indian Penal Code, both the accused-appellants have been sentenced to undergo imprisonment for life and pay fine of Rs. 1,000/- each and, in default of payment of fine, suffer simple imprisonment for three...

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May 07 2014 (HC)

Anil Kumar Mahto and Others Vs. the State of Bihar

Court : Patna

S.P. Singh, J. 1. Under challenge, in the present appeals, are the judgment, dated 11.06.2008, of conviction, in Sessions Trial No. 243 of 1997, by learned Additional Sessions Judge, Fast Track Court No. V, Begusarai, and the order, dated 13.06.2008, whereby various sentences have been passed against the accused-appellants. 2. By the impugned judgment, the learned trial Court has convicted the accused-appellant, Anil Kumar Mahto @ Kunnan Mahto, under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959. The accused-appellant, Siyaram Mahto, has been, under the impugned judgment, convicted under Sections 302 read with 34 of the Indian Penal Code, Section 302 read with Section 114 of the Indian Penal Code and 341 of the Indian Penal Code. So far as the remaining three accused-appellants, namely, Birendra Mahto, Surendra Mahto and Manoj Mahto are concerned, they have been, under the impugned judgment, convicted under Sections 302 read with Section 34 of the Indian Pen...

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May 07 2014 (HC)

Md. Zafar Alam and Another Vs. Divisional Manager, N.i.C. Ltd., and Ot ...

Court : Patna

This appeal has been filed under Section 173 of the Motor Vehicles Act, 1998 by the claimants against the judgment and order dated 22.09.2007 passed by the learned Additional District Judge, F.T.C.II, Nawada-cum-Motor Accident Claims Tribunal in M.V. Claim Case No.97/2004/20/2007 by which the claim application filed by the appellants has been dismissed. The case of the appellants, in brief, is that on 25.11.1996, the driver Shamim Khan, Khalasi Sajid Khan and owner Manjar Alam were going to Samastipur after loading coal from Jharia on Truck bearing registration no.WB-03-0312. On 26.11.1996 at about 4.00 P.M., the Truck crossed Nawada and Biharsharif. In the meantime, the unknown criminals kidnapped the truck with the aforesaid persons and killed them. After search, the truck was located at Biharsharif on 2.01.1997. Laheri P.S. Case No.2/97 was instituted for the offence punishable under Sections 414 of the Indian Penal Code. After investigation, it came to light that the aforesaid driv...

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May 07 2014 (HC)

Vivekanand Prasad Vs. the State of Bihar and Another

Court : Patna

1. Petitioner who along with others, has been made an accused of Patna Harijan P.S. Case No.23 of 1998 registered under Sections 419, 420, 465, 467, 468, 471, 474/120B IPC and 3(1)(i)(iv)/3(2)(vii) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has asked for quashing of the aforesaid FIR relating to his interest. 2. Opposite Party No.2, Ramesh Kumar Singh, Inspector of Police-cum-Officer-in-charge, Harijan Police Station, Patna has recorded his own fardbeyan on account of divulgences of fact that after getting forged and fabricated caste certificate of Scheduled Caste / Tribe the accused named therein including the petitioner got themselves admitted under quota so prescribed therefor at different medical colleges. 3. It has been contended on behalf of petitioner that arraying him as an accused in the present FIR is bad and contrary to spirit of the law because of the fact that the same happens to be hit by double jeopardy and is violative of Article 20(2) o...

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May 07 2014 (HC)

Rajesh Gupta and Others Vs. the State of Bihar

Court : Patna

1. Appellants Beer Narain Gupta, Gauri Devi of Cr. Appeal No.247 of 2011 as well as appellant Rajesh Gupta of Cr. Appeal No.308 of 2011 have been found guilty for an offence punishable under Sections 304B, 201 of the I.P.C. as well as each of them has been sentenced to undergo rigorous imprisonment for seven years under Section 304B of the I.P.C., rigorous imprisonment for three years as well as fined appertaining to Rs. One thousand in default thereof, to undergo rigorous imprisonment for three months additionally under Section 201 of the I.P.C. by the 1st Additional Sessions Judge, Purnia vide judgment of conviction and sentence dated 10.02.2011 in Sessions Trial No.478 of 2009/ 02 of 2011 challenged the same and on account thereof, have been heard together and are being disposed of by a common judgment. 2. PW-5 Shivji Prasad had recorded first information report on 04.06.2006 at about 4.45 p.m. at Banmankhi P.S. disclosing therein that he has superannuated from Army. He has two sons...

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