Patna High Court
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....
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...