Parties Can't Re-Agitate Issues In Intra-Court Appeal After Agreeing That Matter Is Covered By Binding Precedent Before Single Judge: Patna HC

The Patna High Court has held that once parties agree before a Single Judge that an issue is concluded by binding precedent, they cannot subsequently re-agitate the same in an intra-court appeal, reiterating that statements recorded in a judgment are binding on the parties.A Division Bench of Justice Sudhir Singh and Justice Rajesh Kumar Verma was hearing a Letters Patent Appeal challenging...

Patna High Court Flags Police's “Invariable Misuse” Of NDPS Act In Cough Syrup Cases; Says Such Offences Fall Under Drugs & Cosmetics Act

The Patna High Court has observed that police authorities are “invariably misusing” the provisions of the NDPS Act in cases involving cough syrups containing permissible levels of codeine, holding that such cases ought to fall under the Drugs and Cosmetics Act.A Single Judge Bench comprising Justice Ashok Kumar Pandey was hearing a bail application filed in connection with Mansi P.S. Case...

'No Understanding Of Evidence': Patna HC Acquits Murder Accused, Orders Training After Trial Judge Relied On Police Confession To Convict

The Patna High Court has set aside the conviction of several accused in a murder case, strongly criticising the trial court for relying on inadmissible evidence and observing that the trial judge “does not have any idea about the relevancy, admissibility, and acceptance of evidence in a criminal trial.” A Division Bench comprising Justice Bibek Chaudhuri and Justice Chandra Shekhar Jha...

Cancellation Of Tender On Grounds Waived By Bidder Is Manifestly Arbitrary: Patna High Court

The Patna High Court has held that cancellation of a tender process on a factually incorrect and non-existent ground is manifestly arbitrary and violative of Article 14, setting aside the decision to re-tender despite the petitioner being declared L-1.A Division Bench comprising Justice Sudhir Singh and Justice Shailendra Singh was hearing a writ petition challenging the decision dated...

Patna HC Quashes Criminal Proceedings Against Forest Officer, Says Public Servants Must Be Protected From Vexatious Prosecution

The Patna High Court has held that criminal proceedings initiated against a public servant without prior sanction under Section 197 CrPC are void ab initio, reiterating that such protection is essential to ensure fearless discharge of official duties. A Single Judge Bench of Justice Jitendra Kumar was hearing a criminal miscellaneous petition under Section 482 CrPC seeking quashing of the...

'Blanket Approach Of Denying Public Employment To Persons Named In FIR Is Contrary To Fairness': Patna High Court

The Patna High Court has held that the sealed cover procedure cannot be invoked merely on the basis of pendency of an FIR, reiterating that denial of appointment on the basis of untested allegations violates settled constitutional principles under Articles 14 and 16.A Single Judge Bench of Justice Alok Kumar Sinha was hearing a writ petition filed by candidates who had applied pursuant...

'Sorry State Of Affairs': Patna High Court Says Citizens Forced To Approach Court For Aadhaar Correction, Directs UIDAI To Act

The Patna High Court has expressed concern over the increasing number of petitions seeking correction of date of birth in Aadhaar records, observing that citizens are being unnecessarily forced to approach the Court despite fulfilling statutory requirements.A Single Judge Bench of Justice Ajit Kumar was hearing a writ petition filed by a petitioner seeking correction of his date of birth in...

'Beyond Imagination How Seized Items Were Termed Contraband Without FSL Report': Patna High Court Acquits NDPS Accused After 27 Years

The Patna High Court has acquitted a man convicted under the NDPS Act, holding that the prosecution failed to prove recovery of contraband in accordance with law and that non-compliance with mandatory safeguards, coupled with evidentiary gaps, vitiated the conviction. A Single Judge Bench of Justice Alok Kumar Pandey was hearing a criminal appeal against the judgment dated 27.12.2010 passed...

'Suspicion Cannot Replace Proof': Patna High Court Acquits Accused In Ara Court Blast Case, Sets Aside Death Sentence

In a 176-page judgment, the Patna High Court set aside the conviction of multiple accused in the Ara Civil Court bomb blast case, holding that the prosecution failed to establish the chain of circumstances beyond reasonable doubt and reiterating that “suspicion, however strong, cannot take the place of proof.” A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice...

'Overloaded Vehicles Cannot Be Allowed To Ply Without Removing Excess Load': Patna High Court Calls For Strict Enforcement

The Patna High Court has reiterated that overloaded vehicles cannot be permitted to ply on roads and highways without removal of excess load, holding that mere imposition of fines is insufficient and strict enforcement of statutory mandates is necessary to prevent damage to infrastructure.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing the...

Patna High Court Sets Aside Direction To Appoint Waitlisted Candidate In Civil Court Recruitment, Says 'Fence-Sitters' Cannot Claim Parity

The Patna High Court has held that candidates who fail to assert their rights within the subsistence of a select panel cannot later seek parity with others who approached the Court in time, reiterating that writ relief is barred by delay and laches and that Article 14 does not permit extension of benefits on the basis of “negative equality.” A Division Bench comprising Chief Justice...

'Medical Evidence Shows Prior Sexual Experience, No Injury Marks': Patna High Court Sets Aside POCSO Conviction For Rape

"Medical officer did not find any mark of violence on her body. On the other hand, she found old rupture of hymen and the vagina easily admitting one finger meaning thereby the victim had previous experience of sexual intercourse,” court said.