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 rigorous imprisonment.Per facts, the marriage of the informant's daughter was solemnised with the appellant on...

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...

'Mere' Incarceration Of Two And A Half Years Not Grounds For Bail Under UAPA: Patna High Court

The Patna High Court recently held that cases involving threats to national security and public safety cannot be equated with ordinary criminal matters, and that “mere incarceration” of two and a half years cannot entitle an accused to bail where national security concerns are involved.A Division Bench of Justice Rajeev Ranjan Prasad and Justice Sourendra Pandey made these observations...

Pendency Of Multiple Cases Does Not Make Juvenile Incorrigible For Reform: Patna High Court

The Patna High Court recently ruled that the mere pendency of cases is insufficient to label a juvenile as incorrigible or unfit for reformation.A Single-Judge Bench of Justice Arun Kumar Jha was hearing a criminal revision petition challenging the order of the trial court, which had affirmed the Juvenile Justice Board's refusal to grant bail to the petitioner.According to the prosecution,...

After 30-Year Legal Battle, Patna High Court Awards Full Back Wages To Illegally Terminated Govt Employee

The Patna High Court has ruled in favor of a government employee who was terminated in 1995, directing the state to pay full back wages upon his reinstatement. The Court categorically held that the principle of 'no work no pay' does not apply when the termination itself was illegal. This decision brings closure to the petitioner's nearly three-decade-long legal struggle for rightful dues...

Wife Can't Be Denied Maintenance Citing Desertion Unless Allegation Is Judicially Established: Patna High Court

The Patna High Court has reaffirmed that allegations of desertion cannot defeat a wife's claim of maintenance under Section 125 CrPC unless the allegations are conclusively established in matrimonial proceedings.The petition arose out of an order passed by the Family Court directing the petitioner to pay maintenance of ₹22,000/- per month to his wife. The husband challenged the order,...

Bihar Excise Rules | 'Public Interest' Under Rule 12A(3) Not Rigid; Quantity Of Liquor Alone Can't Bar Release Of Seized Vehicle: Patna HC

The Patna High Court recently held that 'public interest' under Rule 12A(3) of the Bihar Prohibition and Excise Rules, 2021 cannot be given a rigid meaning and must be construed in light of the statutory scheme. The Court clarified that the quantity of liquor alone cannot justify refusal to release a confiscated vehicle, and that the competent authority must consider several relevant...

Prosecution Must Prove Victim's Age U/S 94 Juvenile Justice Act For POCSO To Apply: Patna High Court

The Patna High Court recently held that in prosecutions under the Protection of Children from Sexual Offences (POCSO) Act, the age of the victim must be conclusively established either through school records or medical evidence, as required under Section 94(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015.Justice Alok Kumar Pandey was hearing a criminal appeal arising...

Patna High Court Orders ₹2 Lakh Compensation For Six-Day Illegal Detention; Directs IG Prisons To Frame Guidelines

The Patna High Court recently awarded compensation of ₹2 lakh to an accused who was illegally detained for six days despite a court order granting him bail.A Division Bench comprising Justice Rajeev Ranjan Prasad and Justice Sourendra Pandey directed the State to compensate the petitioner, who had been in custody for an alleged violation of the Bihar Prohibition and Excise Act,...

Patna High Court Grants Anticipatory Bail To YouTuber Manish Kashyap Accused of Spreading Sabotage Rumors To Tarnish Railway's Image

The Patna High Court has granted anticipatory bail to YouTuber Manish Kashyap in connection with an FIR accusing him of publishing a video on 'X' of stones allegedly inserted between fish-plates on a railway track to tarnish the image of the Indian Railway.A bench of Justice Chandra Shekhar Jha granted him the relief, noting that he had posted the video as it is, after receiving it from...