Pre-Cognisance Hearing U/S 223 BNSS Is Mandatory Safeguard, Failure To Comply Vitiates Process: Patna High Court

The Patna High Court recently held that the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is mandatory, emphasizing that a pre-cognizance hearing constitutes an essential procedural safeguard for the accused. The Court further observed that any opportunity granted to the accused during the summoning stage cannot cure the defect arising from non-compliance with...

Election Canvassing Not A Fundamental Right; Indian Polity Must Be Purged Of Criminals : Patna High Court Rejects Jailed RJD MLA's Plea

Rejecting the plea of Rashtriya Janata Dal (RJD) MLA Ritlal Yadav seeking interim bail to campaign for himself during the ongoing Bihar Assembly elections, the Patna High Court observed that a candidate's right to canvass and campaign is not a fundamental right, but only a statutory right on which restriction can be imposed by statutes. Yadav, the sitting MLA from Danapur...

Bihar Assembly Polls | Patna High Court Rejects Writ Pleas Of RJD & RLJP Candidates Challenging Rejection Of Their Nominations

The Patna High Court has refused to entertain two writ petitions filed challenging the rejection of nomination of two candidates belonging to Rashtriya Janata Dal and Lok Janshakti Party respectively in the upcoming Bihar Legislative Assembly Polls, scheduled on November 06 and 11.rJustice A Abhishek Reddy cited the specific bar under Article 329(b) of the Constitution of India and...

Patna High Court Rejects RJD MLA's Plea For Interim Bail To Campaign In 'Danapur' During Assembly Polls

The Patna High Court last week rejected the plea of Rashtriya Janata Dal (RJD) MLA Ritlal Yadav seeking interim bail to campaign for himself during the upcoming Bihar Assembly elections. Yadav, the sitting MLA from Danapur constituency and again contesting from the same seat, had urged the court to grant him temporary release to participate in his election campaign....

Promotion Takes Effect Only From Actual Promotion Date Or DPC Approval, Not Retrospectively From Date Of Current Duty Charge: Patna HC

A Division bench of the Patna High Court comprising Justice Sudhir Singh and Justice Rajesh Kumar Verma held that promotion takes effect only from actual promotion date or DPC approval and not retrospectively from date of current duty charge. Background Facts The respondent was appointed as an Assistant Engineer in the Civil Construction Wing of All India Radio on 19.12.1990. He...

'Transfer To Bihar Was Most Memorable Chapter In My Journey': Chief Justice PB Bajanthri Bids Farewell To Patna High Court

On the occasion of his retirement Patna High Court Chief Justice PB Bajanthri in his farewell speech last week said that his transfer to the high court in 2021 marked a memorable chapter of his judicial journey set upon the "enlightened soil of Bihar" which is the land of Lord Buddha who is a timeless source of wisdom. Beginning his farewell address Justice Bajanthri said,"Mahatma Gautam Budhh, Mahavir evam Magadh Samarajya ke mahaan paavan bhoomi ko main pranaam karta hoon…Aur aap sabhi ka...

Meta Assures Deletion Of AI-Video Of PM Modi's Mother Within 48 Hours As Patna High Court Warns Of Contempt Action

The Patna High Court on Tuesday (October 15) warned Meta Platforms Inc. that suo motu contempt proceedings would be initiated against it, if it failed to comply with the Court's previous direction to remove the AI-generated video featuring Prime Minister Narendra Modi and his late mother Heeraben Modi. In response, Senior Advocate Mukul Rohatgi, appearing through video conference...

'Duty To Ensure Wife Doesn't Live In Penury': Patna High Court Dissolves Marriage, Orders Husband To Pay ₹90 Lakhs Permanent Alimony

Observing that while wife's living need not be luxurious but she should not be left in 'discomfort', the Patna High Court on Tuesday dissolved a 15-year-old marriage between a Merchant Navy officer and his wife while directing the husband to pay ₹90 lakh as permanent alimony. A Bench of Chief Justice PB Bajanthri and Justice SB PD Singh added that it is the duty of the Court to...

Order Summoning Accused Can't Be Challenged By Complainant In Revision Petition U/S 438 BNSS: Patna High Court

The Patna High Court has held that a complainant challenging an order summoning accused is an interlocutory order and a revision petition challenging such an order is barred under Section 438(2) BNSS.For context Section 438(2) states that the powers of revision conferred by Section 438(1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or...

Permanent Expulsion Is 'Academic & Professional Death': Patna High Court Modifies Punishment For MBBS Students Linked To Impersonation In Exams

Granting relief to five MBBS students facing permanent expulsion punishment for impersonation during examinations, the Patna High Court termed the action of the Patna's Aryabhatta Knowledge University against them as "unduly harsh" and "shockingly disproportionate". Observing that such extreme action amounts to inflicting "academic and professional death" upon young students, the...

Patna High Court Acquits Father-Son Duo In 1999 Kidnapping Case; Cites Unexplained Delay In FIR, Non-Examination Of IO

In a significant ruling, the Patna High Court has set aside the conviction and 10-year sentence imposed on Ram Prasad Yadav and his son Ajay Kumar Yadav under Section 364 of the Indian Penal Code (IPC) for the alleged kidnapping of the informant's son in 1999. The appeals (Criminal Appeal (SJ) No. 229 of 2004 and No. 240 of 2004) were allowed, discharging the appellants from their bail...

Unauthorized Possession Of Codeine-Based Cough Syrup Falls Under NDPS Act: Patna High Court

The Patna High Court has reiterated that bail under the NDPS Act remains a stringent exception, particularly in cases involving commercial quantities of codeine-based cough syrup.“Negation of bail is a rule and grant of it is an exception," held Justice Jitendra Kumar, reiterating that unauthorised possession of codeine-based cough syrup, even with less than 2.5% concentration, falls within...