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08.11.2024

1. Mr. Ankur Sharma, learned counsel for the petitioners, submits that he would be satisfied if the respondents are directed to consider the representation of the petitioners and decide the same strictly in accordance with the applicable provisions of law.

2. The respondents submit that the petitioners' claim will be considered strictly in accordance with the provisions of law relevant to the subject matter.

3. The petitioners' case is that they have been in possession of Government land and had applied for regularization and conferment of ownership under the repealed Jammu and Kashmir State Land (Vesting of Ownership to Occupants) Act, 2001. Ownership rights were initially conferred under this Act; however, by an order passed by the Hon'ble Division Bench of this Court in case titled 'Prof. S.K. Bhalla vs. State of J&K and others', PIL No. 19/2011, the Act was declared unconstitutional, resulting in the setting aside of ownership rights conferred under it.

08.11.2024

1. This is an application filed by the petitioner for grant of bail with effect from 07.11.2024 to 14.11.2024 so as to enable him to attend the wedding ceremonies of his niece, namely, Simerjeet Kour. The petitioner has placed on record the wedding invitation card.

2. A perusal of the record reveals that the petitioner is an accused in a criminal case, titled "U. T of J&K vs Sarita Devi and others" pending before the Court of learned Principal Sessions Judge, Samba arising out of FIR No. 224/2021 of Police Station, Samba. The said FIR was initially registered for commission of offences under section 363 IPC, however, subsequently after the investigation, charge sheet for commission of offences under sections 363-A, 370, 120 and 34 IPC was filed against the petitioner.

1. Heard learned Counsel for the petitioner and learned APP for the State.

2. This application, for grant of anticipatory bail, arises out of Simri PS case no. 79 of 2024, disclosing offences punishable under Sections 341, 323, 354(D), 509, 504, 506 of the Indian Penal Code.

3. The prosecution story, as per the First Information Report, is that petitioner was teasing and stalking the informant for the last two years and when the informant protested, the petitioner threatened to make her photograph viral on the social media. On 17.04.2024, while the informant was going towards the house of her friend, petitioner and his friend followed her and made vulgar comments and upon protest, they assaulted her brutally. It has further been alleged that on 21.04.2024 in the Patna High Court CR. MISC. No.70435 of 2024(2) dt.11-11-2024 morning, the petitioner along with other accused persons armed with lathi, danda and sharp cutting weapon came at the door of the informant and assaulted her family members.

Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is apprehending his arrest in connection with Bihpur P.S. Case No.47 of 2024, registered for the offence punishable u/s 147, 148, 149, 447, 385, 387, 307, 504, 506 of IPC and 27 of Arms Act.

3. Allegedly, petitioner along with some known and unknown co-accused persons came to the informant's house and started abusing for demand of extortion. It is further alleged that the petitioner along with one another co-accused started firing with the intention to create fear.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 323, 307, 341, 379, 504, 506/34 of IPC.

3. Allegedly, petitioner along with other co-accused persons have abused and assaulted the informant and other persons with rod, brick and stones. It is further alleged that co-accused Maya Kumari took away locket and jiuitia of Rekha Kumari.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is also submitted that occurrence took place on 04.11.2024 but FIR has been Patna High Court CR. MISC. No.76808 of 2024(2) dt.12-11-2024 lodged on 17.11.2023 i.e after the delay of 13 days. There is no explanation of delay in lodging the FIR. Petitioner has no criminal antecedent.

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sahebpur Kamal Police Station Case No. 129 of 2024, for the offences punishable under Sections 147, 149, 341, 323, 307, 379, 385, 338, 504, and 506 of the Indian Penal Code.

3. The prosecution case, as per the First Informant Report, is that on 04.05.2024, the petitioner, along with other accused persons, armed with lathi, danda, iron-rod and pistol, arrived at the house of the informant and the co- accused persons caught hold her father and assaulted him by means of iron-rod on his head. Co-accused persons Patna High Court CR. MISC. No.71179 of 2024(2) dt.11-11-2024 also assaulted the aunt of the informant, looted the house hold article. The allegation against the petitioner is that he, along with co-accused Md. Ezaj resorted to firing.

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Konch Police Station Case No. 245 of 2024, dated 10.06.2024, disclosing offences punishable under Sections 147/149/341/323/307/504/506 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 10.06.2024, the informant, along with his cousin brother, was sitting at his door, in the mean while, his neighbour, Shiv Kumar Prasad, along with other accused persons, including the petitioner, arrived there with lathi, danda, iron-rod, surrounded the cousin brother of the informant, abused him and assaulted him with lathi, Patna High Court CR. MISC. No.73971 of 2024(2) dt.12-11-2024 danda and iron-rod.

Heard Learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Bairiya P.S. Case No.153 of 2024, registered Patna High Court CR. MISC. No.75612 of 2024(2) dt.11-11-2024 for the offences punishable under Sections 147/149/341/323/324/325/307/435/379/504/506 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against fourteen named accused persons including the present petitioners with allegation that they have reached at the land of the informant and made the hut. Scuffling took place and the petitioners had attacked on the informant and others, due to which some persons were injured. Names were specifically mentioned in the FIR.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341/ 323/ 307/ 385/ 504/ 506/34 of the IPC and added Section 302 of IPC.

3. Allegedly, all the F.I.R. named accused persons including the petitioner entered the house of informant and started assaulting the informant and others with lathi, danda and iron rods due to which informant and others got injured and four months later, the informant died.

Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 379, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners alongwith other co-accused persons came at the informant's shop and started assaulting him. When the informant's son came to save him then the co-accused, Madan Prasad, hit him with iron pipe which resulted into head injury. It is also alleged that the petitioner no. 2 has stolen Rs.35,000/- from the informant's shop.

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Dewaria P.S. Case no. 18 of 2024 registered under sections 376, 342, 323, 328 and 506 of the Indian Penal Code and section 67 of the Information and Technology Act.

3. As per the prosecution case, the informant states that the petitioner who happens to be the husband of her cousin sister took her to a room in a hotel, made her to drink an intoxicated tea and on her falling unconscious established physical relations with her. It is further stated that he took objectionable photographs and threatened that he would make Patna High Court CR. MISC. No.74140 of 2024(2) dt.11-11-2024 the same viral. It is further stated that he also sent the photographs to some persons from his mobile phone, details of which has been mentioned in the F.I.R.

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Buxar (Muffassil) Police Station Case No. 195 of 2024, disclosing offences under Sections 419/420/467/468/471/ 504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the informant and his sister-in-law Rani Devi purchased a piece of land by way of two registered sale deeds from Raghvendra Kishore Srivastava, situated at Mauza Hukaha, Thana No. 281, bearing Khata No. 185, Plot No. 46, having an area of 198 decimals. Thereafter, the informant got the information that accused Dhananjay Singh has executed a Patna High Court CR. MISC. No.71947 of 2024(2) dt.11-11-2024 forged sale deed, dated 24.01.2024, and in that sale deed some fictious person has been impersonated as seller Raghvendra Kishore Srivastava. The petitioner is one of the identifier and witness in the forged sale deed. After execution of the sale deed, the accused persons, armed with rifle, pistol, katta, lathi and bhala, came on 05.03.2024 and threatened to kill the informant and his family members.

Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 452, 307 and 504/34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including these petitioners in furtherance of their common intention armed with deadly weapons are said to have assaulted the informant and his family members with intention to kill them due to which they sustained injuries on vital part also.

Heard the parties.

2. The petitioner is in custody in connection with Danapur P.S. Case No. 318 of 2024 for the offence punishable under sections 341, 307, 195A, 120B, 506 and 34 of the Indian Penal Code and 27 of the Arms Act lodged on 01.04.2024 by the informant, Binod Rai.

3. As per the prosecution story, the informant alleged that as he was sleeping in his office, Rahul Kumar alongwith other accused came and Rahul Kumar opened fire causing injury. Rahul Kumar was again loading another cartridge when an alarm was raised whereafter, they escaped. This led to the FIR.

Heard Mr. Sharad Kumar Verma, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. Petitioner apprehends his arrest in connection with Forest Case No.78-F of 2021, registered u/s 2, 33, 41 and 42 of the Indian Forest Act, 1927 (as amended by Bihar Amendment Act, 1990) and 2, 27, 29, 31, 51 of the Wild Life (Protection) Act, 1972 (as amended by Amending Act, 2006).

3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application.

4. Permission is granted.

Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 323, 341, 406, 420, 504, 506 and 34 of Indian Penal Code.

3. As per the FIR, the allegation against the petitioners is that after receiving the consideration money of Rs. 17,90,000 from the informant they executed the sale deed in favour of other persons and did not return the aforesaid amount to the informant.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 37(C) of Bihar Prohibition and Excise Amendment Act, 2018 and sections 147, 149, 341, 323, 307, 379, 448 and 504 of the IPC.

3. As per the prosecution case, the F.I.R. named accused persons including the petitioners are said to have entered into the house of the informant and indiscriminately assaulted the informant's side.

Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

3. As per the FIR, petitioners and other co-accused persons entered in the house of the informant and brutally assaulted the informant's side.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The Patna High Court CR. MISC. No.75115 of 2024(2) dt.11-11-2024 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. It is further submitted that the injuries sustained by the injured persons are of simple nature. Petitioner nos.1, 2, 4 and 5 have no criminal antecedent and petitioner no.3 has one criminal antecedent.

1. Since both these anticipatory bail applications arise out of Bihiya Police Station Case No. 191 of 2024, with the consent of the parties, both these applications are heard together.

2. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. These applications, for grant of anticipatory bail, arise out of Bihiya Police Station Case No. 191 of 2024, dated Patna High Court CR. MISC. No.71118 of 2024(2) dt.11-11-2024 26.06.2024, disclosing offences punishable under Sections 341/323/504/307/337/34of the Indian Penal Code.

Heard learned counsel appearing on behalf of the parties.

2. Appeal is admitted.

3. Call for the Trial Court Records of Registration No. 1621 of 2023 arising out of Samastipur Rail P.S. Case No. 57 of 2023 from the court of learned Special Judge (Excise)-2, Samastipur.

4. The present matter is taken on board for considering prayer of bail and suspension of sentence under Section 389 (1) of the Code of Criminal Procedure (in short Cr.P.C.)/Section 430(1) of BNSS as raised through memo of appeal, itself as preferred under Section 374(2) of the Cr.P.C./ Section 415 (2) of BNSS.

We have heard Mr. Pankaj Kumar, the learned Advocate for the appellant and Ms. Usha Kumari No. 1, the learned Spl. PP for the State.

2. Ms. Usha Kumari has informed this Court that she had telephonic conversation with the informant, who has been communicated about this case. However, Patna High Court CR. APP (DB) No.672 of 2024(6) dt.11-11-2024 there is no separate representation of the informant in this case.

3. The written objection is on record.

4. The appellant along with another has been convicted under Sections 302/34 and 201/34 of the Indian Penal Code; Sections 25(1-B)a and 27 of the Arms Act; and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989 vide judgment dated 30.03.2024 passed by the learned Exclusive Special Court, SC/ST (POA) Act, Nawada in Exclusive Special (SC/ST) Case No. 16 of 2019, arising out of Pakri Barawan P.S. Case No. 29 of 2019. By order dated 06.04.2024, he has been sentenced to undergo R.I. for life, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer S.I. for six months under Section 302 of the IPC; R.I. for seven years, to pay a fine of Rs. 2,000/- and in default of payment of fine, to further suffer S.I. for two months under Section 201 of the IPC; R.I. for three years, to pay a fine of Rs. Patna High Court CR. APP (DB) No.672 of 2024(6) dt.11-11-2024 1,000/- and in default of payment of fine, to further suffer S.I. for one month under Section 25(1-B)a of the Arms Act; R.I. for seven years, to pay a fine of Rs. 2,000/- and in default of payment of fine, to further suffer S.I. for two months under Section 27 of the Arms Act; and imprisonment for life, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer S.I. for six months under Section 3(2)(va) of the SC/ST (POA) Act, 1989.

Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 448, 341, 323, 324, 326, 307, 332, 354(B), 436, 427, 379, 353, 504, 506 of the Indian Penal Code and 27 of Arms Act.

3. As per the prosecution case, in relation to the Tarabari P.S. Case No.67 of 2024, police recovered kidnapped Chandni Kumari and arrested the accused Mintu Singh and kept them under the supervision of the police officials in the police station. Both Mintu Singh and Chandni Kumari committed suicide by hanging themselves. When the relatives of the deceased persons got the information about the incident, several persons including Patna High Court CR. MISC. No.74950 of 2024(2) dt.11-11-2024 the petitioners gathered along with deadly weapons and brutally assaulted the police official and also damaged their vehicles by setting them on fire.

PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER:

These four appeals are filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), (in short "Ld. CIT(A)"), National Faceless Appeal Centre (in short "NFAC"), for the Assessment Years ITA Nos. 521 to 524 /Ahd/2023 Inox India Limited Asst.Years 2000-01 & 2002-03 to 2004-05)

- 2- 2000-2001, 2002-2003, 2003-2004 & 2004-2005. Since common issues are involved in all the year under consideration of appeals before us, the same are being disposed of by way of this common order.

HON'BLE MR. JUSTICE SAMEER JAIN Order 08/11/2024 None present on behalf of the petitioner. The present petition is filed in the Year 2021 qua the advertisement No.01/2018 dated 12.04.2018, with the prayers for allotment of home district as per the merit scored by the petitioner, however the same was not allotted and it is alleged that discrimination is caused qua the petitioner.

The matter is on board today after lapse of approximately four years and it appears that with efflux of time the lis in question does not survives.

[2024:RJ-JP:46386] (2 of 2) [CW-1283/2021] Accordingly, present petition is dismissed for non prosecution. Pending applications, if any, shall stand disposed of.