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Apr 24 2014 (HC)

Bijay Kumar Singh Vs. the State of Bihar

Court : Patna

1. The solitary appellant, Bijay Kumar Singh was put on trial in Sessions Trial No. 72 of 1992/69 of 1997 by the learned Sessions Judge, Sitamarhi after being indicted of committing offence under Sections 307 and 452 of the Indian Penal Code. It appears that the judgment was ultimately delivered by the learned 3rd Additional Sessions Judge, Sitamarhi on 07.08.2002 by which the appellant was held guilty of committing the two offences, he had been charged with. The appellant was heard on sentence on 08.08.2002 and was directed to suffer rigorous imprisonment for ten years as also to pay a fine of Rs. 5,000/-, else to suffer rigorous imprisonment for one year after being convicted under Section 307 of the Indian Penal Code. The appellant was also to undergo rigorous imprisonment for two years due to having been held guilty under Section 452 of the Indian Penal Code. The appellant has filed the present appeal to challenge the correctness of the findings as regards his guilt and the appropr...

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Apr 24 2014 (HC)

Dinesh Das Vs. the State of Bihar

Court : Patna

1. Appellant, Dinesh Das has been found guilty for an offence punishable under Sections 22(C) of the NDPS Act vide judgment dated 28.02.2012 and sentence to undergo RI for 10 years as well as fined of Rs. 1 Lac in default thereof, to undergo SI for two years vide order dated 29.02.2012 by 2nd Additional Sessions Judge-cum-Special Judge, West Champaran at Bettiah in Kangli P.S. Case No. 18/2010 has preferred this appeal. 2. Ganke Atwa, a SSB Constable filed a written report on 03.07.2010 before Officer-in-charge, Kangli P.S. alleging inter alia that on the same day at about 5.30 a.m., SSB Hawildar No. 9187147, Wamsi Atwa on getting confidential information, along with constable, Narendra Pd. Dewari, K. Pawalingam, Prashant Goswami, Tumo Kamdak came near Kangli railway halt at about 6:00 a.m. where they found one person standing west to road near tea stall of Jainuddin Mian in suspicious state and on account thereof, was apprehended. Local inhabitants were requested to become seizure lis...

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Apr 24 2014 (HC)

Sanjay Kumar Vs. the State of Bihar

Court : Patna

1. Heard Sri D.N.Tiwary, learned counsel for the petitioner and Dr. Mayanand Jha, learned Addl. Public Prosecutor. 2.The sole petitioner, invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 10.08.2007 passed by the learned Chief Judicial Magistrate, Katihar in Manihari P.S. Case No.18 of 2006. By the said order, the learned Chief Judicial Magistrate, Katihar has taken cognizance of offence under Sections 467, 468, 469, 471, 420, 494, 171(C) , 171(F), 120(B)/34 of the Indian Penal Code. 3. Short fact of the case is that on the self-statement, Sub-Inspector of Police, namely, Sri Sunil Kumar Singh, Officer Incharge of Manihari Police Station drew an F.I.R. vide Manihari P.S. Case No.18 of 2006 disclosing therein that one most wanted criminal, who was absconding since long, namely, Ramnivash Yadav @ Pagla Yadav, during life time of his wife had forcibly married with minor daughter of one Thakur Yadav, ...

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Apr 23 2014 (HC)

Sakaldeo Sharma Vs. the State of Bihar

Court : Patna

1. Challenged in this Appeal is judgment of conviction dated 09.08.2012, whereby and whereunder appellant Sakaldeo Sharma has been found guilty for an offence punishable under Section 307 of the I.P.C. and sentence dated 14.08.2012 directing him to undergo rigorous imprisonment for ten years as well as fine of Rs. Two thousand in default thereof, to undergo rigorous imprisonment for three months additionally by the Ad hoc Additional Sessions Judge-3rd, Khagaria in Sessions Trial No.16 of 2003/ 137 of 2012. 2. Bijo Devi (PW-4) gave her fardbeyan on 06.08.2002 alleging inter alia that on 04.08.2002 at about 9.00 p.m. her husband Bhutal Sharma had gone to sleep at his Bathan lying North-West to Beldaur village after taking meal and during course thereof, had directed her to come along with one Lota of water. At about 10.00 p.m., she came at her Bathan along with water as well as food for her cousin mother in-law Budhia Devi. At that very time her husband was sleeping over a Bench while he...

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Apr 23 2014 (HC)

Dr. Ajay Kumar Singh Vs. Awadhesh Narayan Singh

Court : Patna

1. By filing the present Election Petition, election petitioner has challenged the election of sole respondent as member of Bihar Legislative Council from 02-Gaya Graduate Constituency held on 10.04.2011 as also prayed to declare the said election void under Section 100 of the Representation of the People Act, 1951 (hereinafter referred to as the œAct?) and sole respondent ought not to have been declared elected from the said constituency as he secured 16242 votes, less than 16550 votes, the quota fixed for being declared elected under Rule 75 of the Conduct of Election Rules, 1961, which would appear from result-sheet dated 14.04.2011 (Annexure-1). 2. In support of the aforesaid plea election petitioner has relied on the provisions of Section 21 of the Representation of the People Act, 1950 (hereinafter referred to as the œ1950 Act?) and Rule 31 of the Registration of Electors Rules, 1960 and with reference to the aforesaid provisions, it is submitted that the existing ele...

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Apr 22 2014 (HC)

Anil Chaudhary Vs. the State of Bihar

Court : Patna

1. Appellant, Anil Chaudhary who has been found guilty for an offence punishable under Section 304(B), 498(A), 201 of the IPC vide judgment dated 27.07.2011 and sentence to undergo R.I. for 10 years, R.I. for 3 years, R.I. for 3 years respectively with a further direction to run the sentences concurrently vide order dated 29.07.2011 passed by Additional Sessions Judge, FTC-IIIrd, Muzaffarpur in Sessions Trial No.563 of 2001 has preferred instant appeal. 2. Lalan Kumar (PW-8) filed a written report on 01.07.2000 disclosing therein that his sister Nilam was married with Anil Chaudhary, son of Diplal Chaudhary of village- Simri Chahuta in the year 1994. Just after marriage, her Sasuralwala began to torture her as well as she was also subjected to physical assault. In due course of time she had begotten a child namely Jyoti Kumari. About 4 or 5 days ago, he (informant) had received one unstamped letter through post office written by Nilam disclosing the fact that her Sasuralwala had brutal...

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Apr 22 2014 (HC)

Bhikhar Ram Vs. the Union of India

Court : Patna

1. Sole appellant, Bhikhar Ram who has been found guilty for an offence punishable under Section 29 of the NDPS Act vide judgment dated 02.09.2011 and sentenced to undergo R.I. for 10 years as well as fined Rs.1,00,000/- in default thereof to undergo R.I. for 2 years and 6 months vide order of sentence dated 14.09.2011 passed by Additional Sessions Judge-Ist-cum-Special Judge, NDPS, East Champaran, Motihari in ND P.S. Case No. No.16 of 2007 filed instant appeal. 2. On getting confidential information with regard to smuggling of Ganja on 20.02.2007, PW-3, Irfan Ahmad a member of preventing team of custom along with others including two independent witnesses rushed to Nanaura village and in the morning of 21.02.2007 at about 05:45 A.M. they intercepted one tractor along with trailer laden with stone chips. During course thereof, the other manage to escape while one was apprehended who disclosed his identity as an appellant, Bhikhar Ram and further shown his status as labour-cum-cleaner. ...

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Apr 22 2014 (HC)

Yogi Ram @ Yogi Sah Vs. the State of Bihar and Others

Court : Patna

Aditya Kumar Trivedi, J. 1. Appellant is the informant and father of the deceased. He has preferred this appeal under the provisions of proviso to Section 372 of the Code of Criminal Procedure against the judgment and order dated 31st of July, 2012 passed by the Adhoc Additional Judge, 1st, Buxar in Sessions Trail No.1/09, whereby and whereunder the learned court below has acquitted the respondent nos.2 to 4 from the charges framed against them under Sections 302, 302/34 and 307/34 and Section 27(1) of the Arms Act. 2. The prosecution case in brief is that in the morning of 19.08.2008 at 6.30 p.m. the appellant received information that his four bighas of land on khata no.1, which he had purchased from one Premchand Keshri, was going to be ploughed by the four accused persons by means of a tractor, with the help of 3-4 other unknown persons. On this information, he along with his sons, namely, the deceased Sarabjeet Kumar Gupta, PW-4 Ajit Kumar Gupta, PW-2 Munna Kumar Gupta, proceeded ...

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Apr 22 2014 (HC)

Sudhanshu Kumar Pal (S.K.Paul) Vs. State of Bihar Through C.B.i.

Court : Patna

1. The solitary appellant was tried by the learned Special Judge, C.B.I. South Bihar, Patna in Special Case No.04 of 1992 arising out of R.C. Case No.46(A)1991 after being charged with committing offences under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the P.C.Act). 2. P.W.6 Lalit Mohan Das was an unemployed graduate. He applied for a loan so as to start a poultry farm. The application (Ext-4/C) was filed before the District Industries Centre, Patna and as appears from the evidence of P.W.10 K.D.Singh, General Manager, District Industries Centre, Patna as also from the evidence of P.W.3 Surya Shekhar Prasad, Manager of the said centre, the application was processed and after interviewing the applicant, P.W.6 Lalit Mohan Das, the project report (Ext-5) was prepared by the District Industries Centre, Patna and was duly forwarded to the Central Bank of India, Yarpur Branch, Patna for favour of considering the proje...

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Apr 21 2014 (HC)

Awadhesh Tiwary @ Vishwanath Tiwary and Others Vs. State of Bihar

Court : Patna

1. Appellants, Awadhesh Tiwary @ Vishwanath Tiwary, Sita Ram Tiwary, Amrendra Tiwary, Tribhuwannath Tiwary, Sri Kirshna Tiwary, Visheshwar Kamkar and Gauri Shankar Tiwary have been found guilty for an offence punishable under Sections 147 IPC, 323 IPC and each one has been fined of Rs. 250/- under both heads independently, appellant, Amrendra Tiwary has further been found guilty for an offence punishable under Sections 379 IPC and fined of Rs. 5000/- vide judgment of conviction and sentence dated 19.01.2002 passed by 1st Additional Sessions Judge, Buxar in Sessions Trial No. 8/86. However, the judgment impugned did not contain the clause that in default of payment of fine whether all the appellants will suffer imprisonment if so for what period. 2. Amarnath Tiwary (PW-5) gave his Fard-e-beyan on 26.03.1985 at about 4:30 p.m. alleging inter alia that he along with Anant Narayan Tiwary, Rabindra Nath Tiwary and Ram Kumar were proceeding towards their house from Arrah and as soon as came ...

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