Anticipatory Bail Plea Is Maintainable Even If Absconding Proclamation Is Issued Against Accused: Patna High Court

The Patna High Court has held that proceedings under Sections 82 (Proclamation for person absconding) and 83 (Attachment of property of person absconding) CrPC (Sections 84 and 85 of the BNSS) do not create an absolute bar on filing an anticipatory bail petition.For context Section 82 CrPC states if any Court has reason to believe (whether after taking evidence or not) that any person...

Patna High Court Directs Removal Of Bihar Congress's AI-Video Featuring PM Narendra Modi's Mother

The Patna High Court on Wednesday (September 17) directed the removal of the AI-generated video posted by the Bihar Congress which features Prime Minister Narendra Modi and his late mother Heeraben Modi from all social media platforms.The Court directed the intermediaries to stall the circulation of the video, if it is still being circulated, in the light of the various Supreme Court...

S.125 CrPC | Muslim Woman Can Claim Maintenance After Divorce Unless Husband Makes Fair Provision For Her Future: Patna High Court

The Patna High Court has ruled that a Muslim woman can claim maintenance under Section 125 of the Criminal Procedure Code (CrPC) even after divorce, if her husband has not made a “reasonable and fair provision” for her future during the iddat period. Justice Jitendra Kumar upheld a Family Court order directing a Muslim man to pay his wife ₹7,000 per month, dismissing his plea that...

Bihar Prohibition Law 'Draconian': Patna High Court Flags 'Disturbing' Trend Of Arbitrary Seizure Of Houses Linked To Liquor Recovery

The Patna High Court recently criticised the provisions of the Bihar Prohibition and Excise Act, 2016, and the Bihar Prohibition and Excise Rules, 2021, calling them 'draconian', noting that they give the authorities 'unguided' and 'arbitrary' powers. A division bench of Acting Chief Justice PB Bajanthri and Justice SB PD Singh also pointed to a 'disturbing trend' in which houses could...

Patna High Court Questions DB's Competence To Take Up Suo Motu Case Over 'Assault' On Lawyers Sans Roster; Seeks Probe Update

The Patna High Court today questioned the competence of a Division Bench (DB-3) of the HC to entertain a motion concerning the alleged assault on two HC lawyers by school guards outside DPS, Patna, and initiate suo motu proceedings despite not having the roster on the related subject. For context, the matter, which was registered as a criminal writ suo motu case on the orders...

22 Yrs On, Patna High Court Overturns Attempt To Murder Conviction In House Trespass Case Citing 'Shaky' Evidence

The Patna High Court has overturned the conviction of a man, who was handed down a seven-year sentence by the Trial Court for attempt to murder relating to a 2003 house trespass incident.The Court was dealing with an appeal filed against a 2023 conviction and order of sentence passed by the Trial Court whereby the appellant was convicted under Sections 324 (voluntarily causing hurt by...

S.5 Of Limitation Act Applies To Revision Pleas Under Bihar Public Works Contracts Disputes Arbitration Act: Patna High Court

The Patna High Court Bench of Justice Ramesh Chand Malviya has observed that Section 5, Limitation Act applies to revisions under Section 13, Bihar Public Works Contracts Disputes Arbitration Act, 2008 (“BPWCDA Act”), meaning thereby that delay in filing a challenge to awards passed under BPWCDA Act can be condoned by applying Section 5, Limitation Act. Since there were...

Bihar Police Recruitment: 17 Yrs On, High Court Grants Relief To 252 Candidates Denied Post Despite Higher Merit

The Patna High Court directed the State to appoint 252 candidates as Sub-Inspectors in Bihar Police under a 2004 advertisment, holding that denying them appointment despite having higher marks than 133 already appointed candidates violates their fundamental rights under Articles 14 and 16 of the Constitution. Justice Arvind Singh Chandel delivered the judgment while allowing three writ...

Arbitrary & Generalized Apprehension: Patna High Court Quashes Order Denying Increase Of Arms Trader's Quota Due To 'Celebratory Firing'

The Patna High Court quashed two orders of the Bihar Government refusing to increase the stock quota of a licensed arms dealer, holding that the rejection was arbitrary, based on irrelevant grounds such as "celebratory firing".Justice Alok Kumar Sinha allowed the writ petition filed by M/s Premlata & Sons, run by proprietor Smt. Prem Lata Pandey, who holds a valid arms trade license...

Mere Breathalyser Test Insufficient To Convict Under Bihar Liquor Ban Act: Patna High Court

The Patna High Court has set aside a conviction under the Bihar Liquor Ban Act, stating that the breathalyser test is insufficient on its own without blood or urine evidence and pointing out flaws in the fair investigation. The court allowed an appeal, overturning a man's conviction of simple imprisonment for a period of one year, for allegedly consuming alcohol in violation of Bihar's...

Limitation To Claim GST Refund Begins From Date Of Correct Tax Payment: Patna High Court

The Patna High Court held that limitation for GST refund in wrong head ceases computed from correct payment date. Justices Rajeev Ranjan Prasad and Shailendra Singh after reading Section 77 of the CGST Act, 2017 read with Section 19 of the IGST Act opined that the relevant date for counting the period of limitation would start from the date when the assessee had deposited the tax...

₹7K Maintenance 'Absolutely Meagre' Amount In Today's Time: Patna HC Finds Able-Bodied Fruit Seller Husband Capable To Pay

The Patna High Court recently upheld a Family Court order directing a fruit seller husband to pay his wife ₹7,000 per month as maintenance under Section 125 CrPC, as it noted that the said amount is 'absolutely a meagre' sum in today's time. A bench of Justice Bibek Chaudhuri thus dismissed the husband's criminal revision petition while observing that it is not the actual income but...