Patna High Court
Patna High Court Annual Digest 2025
Citation 2025 LiveLaw (Pat) 1 to 2025 LiveLaw (Pat) 104Termination Of Services Of Anganwadi Supervisor Without Following Procedure, Patna HC RevokesCase Title: Kiran Devi vs The State of Bihar and OrsCitation: 2025 LiveLaw (Pat) 1A single judge bench of the Patna High Court comprising of Justice Bibek Chaudhuri held that termination of Anganwadi Supervisor from the service without following...
Review Power Not Inherent; Authority Becomes Functus Officio Once Final Order Passed: Patna HC Reinstates Panchayat Teachers After 10 Years
The Patna High Court recently set aside the orders of the state-level tribunals and reinstated two women Panchayat teachers in Buxar after nearly a decade-long legal battle. In doing so, the Court reiterated that the power of review is not an inherent attribute of a judicial or quasi-judicial authority and must flow from a specific statutory conferment.A Single Judge Bench comprising Justice...
Participation In Strike Alone Cannot Justify Termination Without Enquiry: Patna High Court
The Patna High Court held that participation in a strike, by itself, cannot automatically justify termination of service, particularly in the absence of any finding of illegality of the strike or misconduct attributable to the employee. The Court further held that treating absence during a strike as misconduct or abandonment of service requires adherence to due process, including issuance of...
Anticipatory Bail Applications Maintainable Even For Offences Punishable With 7 Year Sentence Or More: Patna High Court
The Patna High Court has clarified that a Sessions Court having jurisdiction to decide an anticipatory bail application is duty-bound to adjudicate the same on merits by either allowing or rejecting it, and cannot dispose of such an application without doing either. The Court further clarified that there is no statutory bar on entertaining anticipatory bail applications merely because the...
'No Respect For Law': Patna High Court Orders FIR & SIT Probe Over Irregularities In Excise Vehicle Auctions, Awards ₹12 Lakh Compensation
The Patna High Court recently directed the Economic Offences Unit (EOU) to register an FIR into the affairs of the Excise Department, Muzaffarpur, in connection with the arbitrary auctioning of seized vehicles.A Division Bench comprising Justice Rajeev Ranjan Prasad and Justice Sourendra Pandey was hearing a writ petition seeking a writ of certiorari to quash and set aside the auction sale of...
Non-Filing Of ITR By Creditor Not Proof For Lack Of Creditworthiness: Patna High Court Deletes Income Tax Additions
The Patna High Court has held that the Income Tax Appellate Tribunal was not justified in restoring an addition of ₹1.91 crore under Section 68 of the Income Tax Act after reversing a reasoned order of the Commissioner of Income Tax (Appeals), where the assessee had produced documentary evidence and the Assessing Officer's remand report did not disclose any adverse material. A...
Patna High Court Issues Guidelines For Speedy Trial Pursuant To Supreme Court Directions In CBI V Mir Usman
In a circular dated 12 December 2025, the Patna High Court issued administrative directions to all trial courts aimed at ensuring the expeditious conduct of trials.The circular has been issued in compliance with the Supreme Court's judgment in CBI v Mir Usman. It expressly refers to paragraph 37 of the Supreme Court's order dated 22 September 2025 in SLP (Crl.) No. 969/2025 (Central Bureau...
[Bihar Excise Act] No Presumption Against Motorcycle Owner If Liquor Found On Person Of Co-Rider: Patna High Court
The Patna High Court recently observed that where illicit liquor is recovered from the person of a co-accused and not from any part of the vehicle, the motorcycle cannot be said to have been used in the commission of an offence under the Bihar Prohibition and Excise Act. Consequently, the statutory presumption under Section 32 of the Act against the owner of the vehicle does not arise unless...
Packing Materials Are Integral Part Of Cement Sales, Cannot Be Taxed Separately At Different Rates: Patna High Court
In a ruling on sales tax valuation under the Bihar Finance Act, 1981, the Patna High Court has held that packing materials used for cement, such as gunny bags and HDPE bags, form an integral part of cement sales and cannot be subjected to separate tax rates distinct from the cement itself. The Division Bench of Justice Bibek Chaudhuri and Justice Dr. Anshuman dismissed a...
Specific Relief Act Has No Application To Proceedings Under Family Courts Act: Patna High Court
The Patna High Court has held that the Specific Relief Act, 1963 has no application to proceedings under the Family Courts Act, 1984, in view of the overriding effect of Section 20 of the latter statute.A Division Bench comprising Justice Bibek Chaudhuri and Dr. Justice Anshuman made these observations while hearing an appeal under Section 19(1) of the Family Courts Act, in which the Family...
No Concept Of 'Deemed Guilt' In Service Law: Patna High Court Sets Aside Punishment Of Cop For Alleged Failure To Gather Intelligence
The Patna High Court recently observed that there is no concept of 'deemed guilt' in service law jurisprudence, and set aside the punishment imposed on a police officer.A Single Judge Bench comprising Justice Sandeep Kumar was hearing a writ petition filed by a police officer who had been punished with stoppage of salary increments for two years. The present case emanated from the seizure...
Non-Examination Of First IO Not Fatal To Criminal Prosecution If Place Of Occurrence Otherwise Proved: Patna High Court
The Patna High Court has recently observed that the failure to examine the first Investigating Officer in a criminal case is not fatal to the prosecution's case if the place of occurrence of the incident can be proved through other evidence.A Single Judge Bench of Justice Alok Kumar Pandey was hearing an appeal against conviction under Section 304B of the IPC and sentence of ten years...