Patna High Court Acquits Two Men In NDPS Case, Cites Unexplained Year-Long Delay In Sending 'Charas' Sample For Testing

The Patna HC has held that while a delay in sending seized contraband for forensic examination is not by itself fatal to an NDPS prosecution, the prosecution must establish the chain of custody of the sample. The Court acquitted two men after finding that the alleged charas sample remained unaccounted for nearly a year before reaching the Forensic Science Laboratory (FSL).A Single Judge Bench...

50 Years After State Acquired Land, Patna High Court Says Former Lok Sabha Speaker Meira Kumar Entitled To Compensation Under 2013 Act

The Patna HC has held that former Lok Sabha Speaker Meira Kumar is entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for land acquired by the State in 1976, after finding that the Collector had no jurisdiction to initiate proceedings under Section 4(h) of the Bihar Land Reforms Act, 1950 without...

Cough Syrup With Permissible Codeine Limit Not Contraband Under NDPS Act; Police Misusing Procedure: Patna High Court

The Patna High Court has granted bail to an accused in an NDPS case, observing that cough syrups containing codeine below the permissible concentration of 2.5% do not fall within the ambit of contraband under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The Court remarked that police were “invariably misusing the procedure” by registering cases falling within the Drugs...

'Prosecution Cannot Rely On Witness For One Part Of Case While Ignoring Other': Patna High Court Acquits Murder Accused

The Patna HC has held that the prosecution cannot rely on a witness for one part of its case while ignoring the portions of the same testimony which create reasonable doubt, acquitting the appellants in a murder case where the prosecution evidence contained several inconsistencies concerning the occurrence.A Single Judge Bench of Justice Chandra Shekhar Jha was hearing an appeal against...

'Documentary Evidence Cannot Prove Itself Without Oral Testimony': Patna High Court

The Patna HC has quashed the dismissal of a Punjab National Bank employee who was terminated for alleged impersonation in a recruitment examination, holding that the principal evidence relied upon to establish the charge was never properly proved during the departmental inquiry.A Single Judge Bench of Justice Kumar Manish was hearing the employee's challenge to the dismissal order...

'Clear Embargo On Taking Cognizance Without Hearing Accused': Patna High Court Quashes Cognizance Order, Calls Violation Of Section 223(1) BNSS A Serious Legal Infirmity

The Patna HC has held that the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 creates a clear embargo on a Magistrate taking cognizance of an offence without first affording the accused an opportunity of being heard. The Court held that violation of this requirement, which incorporates principles of natural justice, is a serious legal infirmity and cannot be treated...

'Similar Intention' Is Not 'Common Intention': Patna High Court Acquits Man Of Attempt To Murder Charge

The Patna HC has held that the mere act of catching hold of a victim while a co-accused fires at him does not, by itself, establish that the accused shared the common intention to commit murder. The Court distinguished between “similar intention” and “common intention”, holding that the former does not attract constructive liability.A Single Judge Bench of Justice Chandra Shekhar Jha...

False Representation Of Superior Court Order Is Among Gravest Species Of Fraud: Patna High Court Cancels Bail

The Patna HC has held that falsely representing the purport of a superior court's order before a subordinate court to obtain bail amounts to a grave form of fraud and vitiates the bail order at its inception. The Court accordingly cancelled the bail granted to an accused after finding that he had falsely claimed that an earlier order of the High Court permitted him to renew his bail plea...

Patna High Court Acquits 13 In Jehanabad Mass Killing Case; Directs DGP To Map Acquittals To Identify Probe Lapses

The Patna HC has acquitted 13 accused persons in a 1996 mass killing case, finding that the prosecution failed to establish their identity as the perpetrators despite the occurrence itself being proved. The Court also directed the Bihar DGP to constitute a committee to examine the investigation and ordered the State to develop a mechanism for reviewing acquittal cases, identifying...

'Should Not Be Branded As Criminal All Their Life': Patna High Court Reconsiders Constable's Selection Despite Suppression Of Juvenile Case

The Patna HC has held that while suppression of a criminal case by a candidate is a relevant consideration, the authorities must assess whether the suppressed information was material and must exercise their power reasonably and objectively, taking into account the candidate's age at the time of the alleged offence and the nature of the case.A Single Judge Bench of Justice Partha Sarthy...

Departmental Proceedings After Retirement Barred For Misconduct Beyond 4-Year Limit Under Bihar Pension Rules: Patna High Court

The Patna HC has held that where a departmental proceeding is initiated after a government servant's retirement, Rule 43(b) of the Bihar Pension Rules bars initiation of proceedings in respect of an event which took place more than four years before such institution.A Single Judge Bench of Justice Kumar Manish was hearing a writ petition filed by Umesh Kr. Verma challenging the...

State Cannot Be Spectator To Human Suffering: Patna High Court Says COVID Ex-Gratia Claim Cannot Be Rejected Over Hospital Record Error

The Patna HC has held that a genuine claim for ex-gratia compensation following a COVID-19 death cannot be rejected merely because of a discrepancy in the date recorded in a hospital laboratory report, particularly when the hospital itself has confirmed that the deceased tested positive for COVID-19.A Single Judge Bench of Justice Alok Kumar was hearing a writ petition filed by Shanti...