Patna High Court
Bihar Prohibition Act | Vehicle Cannot Be Confiscated Unless Owner's Involvement In Illicit Liquor Transport Is Proven: Patna High Court
The Patna High Court has held that where the owner of a vehicle is not involved in the commission of the offence of transportation of illicit liquor, and there is no consent or connivance attributable to the owner, the vehicle cannot be subjected to confiscation proceedings under the Bihar Prohibition and Excise Act, 2016.A Division Bench of Justice Mohit Kumar Shah and Justice Alok Kumar Pandey was hearing a writ petition seeking quashing of an order passed by the Sub-Divisional Magistrate in...
Positive Action Of Accused Needed Around Time Of Suicide: P&H High Court Grants Bail To Woman Accused Of Abetting Husband's Suicide
The Punjab and Haryana High Court has granted regular bail to a woman accused of abetting her husband's suicide, observing that the accused must have done some positive act at the time proximate to the occurrence of event.Justice Manisha Batra explained, "in order to bring a case within the provisions of Section 108 of BNS, undoubtedly, there must be a case of suicide and in the commission of...
PwD Recruitment Must Strictly Follow RPwD Act; Executive Resolutions Cannot Override Statute: Patna High Court
The Patna High Court has held that recruitment to posts reserved for persons with disabilities must strictly conform to the statutory scheme prescribed under Section 34(2) of the Rights of Persons with Disabilities Act, 2016, and that executive resolutions or recruitment notifications which are inconsistent with the Act cannot create any enforceable right in favour of candidates. A Single...
S.53A CrPC | Patna High Court Calls For Sensitisation Of Police To Conduct Medical Examination Of Accused In Sexual Offence Cases
The Patna High Court has described Section 53A of the Code of Criminal Procedure as a “forgotten provision” and observed that the time has come to sensitise the police to ensure medical examination of the accused in sexual offence cases is conducted immediately after arrest, failing which vital gaps are left in the investigation.A Division Bench comprising Justice Bibek Chaudhuri and...
Patna High Court Quashes Cognizance Order Against State Minister Santosh Manjhi In 2017 FIR Over Road Blockade, Assault In Bodh Gaya
The Patna High Court granted relief to cabinet minister of Minor Water Resources in Bihar Government–Santosh Manjhi in connection with an FIR concerning a 2017 road blockade and protest in Bodh Gaya wherein a police official was assaulted and a woman was allegedly eve-teased. Manjhi, the son of Union Minister of Micro, Small and Medium Enterprises and former Chief Minister Jitin Manjhi,...
Section 372 CrPC | Victim's Appeal For Enhancement Of Sentence Is Not Maintainable: Patna High Court
The Patna High Court held that a victim cannot maintain a criminal appeal solely on the ground that the sentence awarded is inadequate. It clarified that the victim's right of appeal under Section 372 CrPC is limited to only three contingencies: (i) acquittal of the accused, (ii) conviction for a lesser offence, or (iii) imposition of inadequate compensation.A Single Judge Bench of Justice...
'Aggressors Meet Tragic End For Adharm': Patna High Court Invokes 'Mahabharat' To Confirm Death Sentence In Triple Murder Case
The Patna High Court recently upheld the conviction and death sentence awarded to two accused persons for the murder of three people in connection with a land dispute. Invoking the theme of the great epic Mahabharata, one of the judges stressed that the aggressors should be punished for their sin/crime.A Bench of Justice Rajeev Ranjan Prasad and Justice Sourendra Pandey was hearing a...
Record Disposal : Patna High Court Judge Grants Bail In 463 Cases In Single Sitting
In a notable development, Justice Rudra Prakash Mishra of the Patna High Court, on 19 January, heard 476 matters in a single sitting. The Bench was largely dealing with bail applications arising under the Bihar Excise and Prohibition Act. As per the day's docket, 510 matters were listed, of which 476 were disposed of, with bail being granted in 463 cases (over 90% of the matters disposed...
'Executive Officer' Deciding Mutation Proceedings Is A 'Judge' For Purposes Of Judges (Protection) Act, 1985: Patna High Court
The Patna High Court has held that an Executive Officer in the Patna Municipal Corporation would be covered under the ambit of the Judges (Protection) Act, 1985, while deciding mutation proceedings. The Court clarified that any person who is legally empowered, in the course of legal proceedings, to render a definitive and determinative judgment would be regarded as a 'Judge' for the purposes...
Centre Notifies Appointment Of Advocate As Judge Of Patna High Court
The Central Government on Friday (January 23) notified the appointment of senior advocate Anshul Raj as a judge of Patna High Court. Union Law Minister Arjun Ram Meghwal took to X to notify the appointment:"In exercise of the power conferred by the Constitution of India, the President of India, after consultation with Chief Justice of India, is pleased to appoint Shri Ansul @ Anshul Raj,...
Cruelty Allegations Against In-Laws Inherently Improbable In Absence Of Shared Residence Or Meaningful Interaction: Patna High Court
The Patna High Court recently quashed criminal proceedings in a matrimonial dispute and held that in the absence of shared residence or meaningful interaction, allegations of cruelty against the in-laws become inherently improbable.A Single Judge Bench comprising Justice Rudra Prakash Mishra was hearing a petition challenging an order of the trial court taking cognizance against the...
Aadhaar And GPS Based Attendance System For Medical College Faculty Not Violative Of Right To Privacy: Patna High Court
In a significant judgment, the Patna High Court has upheld the requirement of Aadhaar-based facial authentication and GPS location sharing for marking attendance of faculty members in medical colleges in Bihar.A Single Judge Bench comprising Justice Bibek Chaudhuri was hearing a writ petition challenging a public notice directing mandatory implementation of face-based Aadhaar authentication...