Case Arrears, Infrastructure Problems, Gender Disparity : Crisis Looms Over Bihar Judiciary

While laying down the foundation stone of the Patna High Court building on 1st December 1913, the then Viceroy and Governor General of India Lord Hardinge of Penshurst said, “I now proceed to lay this stone in full confidence upon the people of this province. I feel assured that within its walls in future days justice will be administered with courage and impartiality to the terror...

Patna High Court Weekly Round-Up: October 02 To October 08, 2023

Nominal Index [Citations: 2023 LiveLaw (Pat) 119-123]Smt. Abha Kumari vs. The State Of Bihar and Others 2023 LiveLaw (Pat) 119Deepak Mandal vs The State Of Bihar 2023 LiveLaw (Pat) 120Shri Giridhar Gopal Vs Smt. Ramavati Devi 2023 LiveLaw (Pat) 121Khusboo Kumari vs. The State of Bihar 2023 LiveLaw (Pat) 122Chandradev Yadav Vs The State of Bihar 2023 LiveLaw (Pat) 123Judgements/Orders...

Patna HC Takes Suo Moto Cognizance Of Bihar Cops Dumping Accident Victim’s Dead Body Into A Canal In Muzaffarpur

The Patna High Court on Monday took suo moto cognizance of a news report about a shocking video of 3 Bihar policemen throwing the dead body of an accident victim into a canal in the State’s Muzaffarpur district. Quoting British statesman William Ewart Gladstone, a division bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy expressed its disappointment with the way...

[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court

The Patna High Court while overturning the convictions of eight individuals in a murder case, has opined that the mere discovery of weapons, specifically pistols and cartridges, based on the confessions of the accused, without the input of a ballistic expert, was insufficient to establish the charge under Section 27 of the Arms Act.The division bench of Justices Sudhir Singh and Chandra...

Revenue Authority Must Provide Opportunity Of Hearing Before Passing Adverse Order Against Any Party: Patna High Court

In a crucial ruling, the Patna High Court emphasized the fundamental principle of natural justice, stating that any authority under the law must issue notice to the affected party before passing any prejudicial order, and the authority should only make a decision after the affected party has had an opportunity to be heard.Justice Sandeep Kumar observed, “Any authority under law before...

[Dominus Litis] Court Can Add Parties Necessary For Proper Adjudication Of Suit Despite Resistance By Plaintiff: Patna High Court

The Patna High Court has underscored that a court can add parties in a lawsuit if deemed necessary for effective adjudication, regardless of the plaintiff's preferences. The judgment further emphasizes that the mere addition of an intervener as a party does not inherently create an interest in the disputed property. Justice Sunil Dutt Mishra observed, "Mere addition of the intervenor as a...

"Harassed To Bits": Patna High Court Sets Aside State's Unreasoned Punishment Order Against Child Development Officer

Setting aside an "unreasoned" punishment order passed by the Special Secretary of the Social Welfare Department against a Child Development Project Officer, the Patna High Court has emphasized the critical need for clear and coherent reasoning in decision-making processes.Justice Mohit Kumar Shah observed, “It is evident from the records, as narrated by the learned counsel for the...

Unprofessionalism Of Investigating Officer Doesn't Warrant Dismissal Of Prosecution Case If Evidence Of Victim, Witnesses Reliable: Patna High Court

The Patna High Court, upholding the convictions of five individuals for kidnapping under Sections 364 and 365 of the Indian Penal Code (IPC), has held that despite certain lapses in the investigation, the case of prosecution cannot be dismissed if evidence of the victim is reliable.A division bench of Justices Alok Kumar Pandey and Ashutosh Kumar observed, The contention of the learned APP...

Patna High Court Weekly Round-Up: September 25 To October 01, 2023

Nominal Index [Citations: 2023 LiveLaw (Pat) 114-118]Prushotam Yadav @ Chotu Vs. The State Of Bihar And Anr 2023 LiveLaw (Pat) 114Kumod Mandal Vs. The State Of Bihar LL Citation: 2023 Livelaw (Pat) 115Rambilash Mahto and Others vs. The State of Bihar 2023 Livelaw (Pat) 116Manoj Kumar Gupta vs. The Union of India 2023 LiveLaw (Pat) 117Rohitash Kumar Vs The State of Bihar 2023 LiveLaw...

Insufficient Evidence To Prove False Promise, Marriage Talks Held Between Families: Patna HC While Granting Bail To BSF Jawan Accused Of Rape

In a recent ruling, the Patna High Court granted anticipatory bail to a Border Security Force (BSF) Jawan accused of cheating and raping a woman under the false pretext of marriage. The accused, known to the informant for six years, was alleged to have engaged in a consensual physical relationship. The Court found no evidence suggesting the promise of marriage was false from the...

Courts Can't Interfere With Administrative Orders Unless 'Shocking': Patna High Court Refuses To Reverse CISF Personnel's Transfer

Upholding the right of a disciplined security force to transfer its personnel in the interest of better administration, the Patna High Court emphasized that transfers are inherent to the job and can only be challenged if they are punitive, malafide, or if the ordering authority does not possess the power to transfer, or if the post is non-transferable.The court expressed its reluctance...

Order Of Sessions Judge To Transfer Case Not Appealable U/S 407 CrPC: Patna High Court

The Patna High Court while providing clarification regarding the appealability of an order issued by Sessions Judges under Section 408 CrPC for the transfer of a case, has affirmed that such orders are not appealable under Section 407 CrPC.Section 408 empowers Sessions Judge to transfer cases and appeals from one Criminal Court to another Criminal Court in his sessions division. Section...