'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...

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....