Anticipatory Bail Applications Maintainable Even For Offences Punishable With 7 Year Sentence Or More: Patna High Court

The Patna High Court has clarified that a Sessions Court having jurisdiction to decide an anticipatory bail application is duty-bound to adjudicate the same on merits by either allowing or rejecting it, and cannot dispose of such an application without doing either. The Court further clarified that there is no statutory bar on entertaining anticipatory bail applications merely because the...

'No Respect For Law': Patna High Court Orders FIR & SIT Probe Over Irregularities In Excise Vehicle Auctions, Awards ₹12 Lakh Compensation

The Patna High Court recently directed the Economic Offences Unit (EOU) to register an FIR into the affairs of the Excise Department, Muzaffarpur, in connection with the arbitrary auctioning of seized vehicles.A Division Bench comprising Justice Rajeev Ranjan Prasad and Justice Sourendra Pandey was hearing a writ petition seeking a writ of certiorari to quash and set aside the auction sale of a Mahindra Scorpio vehicle, or in the alternative, to grant compensation of ₹12 lakh, being the insured...

Non-Filing Of ITR By Creditor Not Proof For Lack Of Creditworthiness: Patna High Court Deletes Income Tax Additions

The Patna High Court has held that the Income Tax Appellate Tribunal was not justified in restoring an addition of ₹1.91 crore under Section 68 of the Income Tax Act after reversing a reasoned order of the Commissioner of Income Tax (Appeals), where the assessee had produced documentary evidence and the Assessing Officer's remand report did not disclose any adverse material. A...

Patna High Court Issues Guidelines For Speedy Trial Pursuant To Supreme Court Directions In CBI V Mir Usman

In a circular dated 12 December 2025, the Patna High Court issued administrative directions to all trial courts aimed at ensuring the expeditious conduct of trials.The circular has been issued in compliance with the Supreme Court's judgment in CBI v Mir Usman. It expressly refers to paragraph 37 of the Supreme Court's order dated 22 September 2025 in SLP (Crl.) No. 969/2025 (Central Bureau...

[Bihar Excise Act] No Presumption Against Motorcycle Owner If Liquor Found On Person Of Co-Rider: Patna High Court

The Patna High Court recently observed that where illicit liquor is recovered from the person of a co-accused and not from any part of the vehicle, the motorcycle cannot be said to have been used in the commission of an offence under the Bihar Prohibition and Excise Act. Consequently, the statutory presumption under Section 32 of the Act against the owner of the vehicle does not arise unless...

Packing Materials Are Integral Part Of Cement Sales, Cannot Be Taxed Separately At Different Rates: Patna High Court

In a ruling on sales tax valuation under the Bihar Finance Act, 1981, the Patna High Court has held that packing materials used for cement, such as gunny bags and HDPE bags, form an integral part of cement sales and cannot be subjected to separate tax rates distinct from the cement itself. The Division Bench of Justice Bibek Chaudhuri and Justice Dr. Anshuman dismissed a...

Specific Relief Act Has No Application To Proceedings Under Family Courts Act: Patna High Court

The Patna High Court has held that the Specific Relief Act, 1963 has no application to proceedings under the Family Courts Act, 1984, in view of the overriding effect of Section 20 of the latter statute.A Division Bench comprising Justice Bibek Chaudhuri and Dr. Justice Anshuman made these observations while hearing an appeal under Section 19(1) of the Family Courts Act, in which the Family...

No Concept Of 'Deemed Guilt' In Service Law: Patna High Court Sets Aside Punishment Of Cop For Alleged Failure To Gather Intelligence

The Patna High Court recently observed that there is no concept of 'deemed guilt' in service law jurisprudence, and set aside the punishment imposed on a police officer.A Single Judge Bench comprising Justice Sandeep Kumar was hearing a writ petition filed by a police officer who had been punished with stoppage of salary increments for two years. The present case emanated from the seizure...

Non-Examination Of First IO Not Fatal To Criminal Prosecution If Place Of Occurrence Otherwise Proved: Patna High Court

The Patna High Court has recently observed that the failure to examine the first Investigating Officer in a criminal case is not fatal to the prosecution's case if the place of occurrence of the incident can be proved through other evidence.A Single Judge Bench of Justice Alok Kumar Pandey was hearing an appeal against conviction under Section 304B of the IPC and sentence of ten years...

Vigilance Bureau Staff Entitled To Equal Pay As Other Police Units From 2015: Patna High Court Upholds Retrospective Additional Salary

The Patna High Court has confirmed that Vigilance Bureau staff are entitled to retrospective parity in additional salary benefits, bringing them in line with other Bihar Police units.The matter was decided by the bench of ACJ Sudhir Singh and Justice Rajesh Kumar Verma.The case stemmed from a Single Judge decision holding that the policy dated 30.06.2017—granting one month's additional...

'External Rubbing' Does Not Constitute Penetrative Sexual Assault Under POCSO Act: Patna High Court

The Patna High Court has recently clarified that “external rubbing” does not fall within the statutory definition of penetrative sexual assault under the Protection of Children from Sexual Offences Act, 2012 (“POCSO”). The Court further held that in cases where medical evidence negates the possibility of penetration, a conviction cannot rest solely on the uncorroborated testimony of...

Bar U/S 60 Bihar Prohibition Act Doesn't Oust High Court's Writ Jurisdiction To Release Seized Vehicles: Patna High Court

The Patna High Court held that while section 60 of the Bihar Prohibition and Excise Act bars jurisdiction of the Special Exercise Court to release seized vehicles used to commit the offence, the bar doesn't oust the writ jurisdiction of the High Court under Article 226 of the Constitution.The order was passed by Justice Arun Kumar Jha.The case arose when the petitioner Karnal Kumar's...