Patna High Court
Order Summoning Accused Can't Be Challenged By Complainant In Revision Petition U/S 438 BNSS: Patna High Court
The Patna High Court has held that a complainant challenging an order summoning accused is an interlocutory order and a revision petition challenging such an order is barred under Section 438(2) BNSS.For context Section 438(2) states that the powers of revision conferred by Section 438(1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or...
Permanent Expulsion Is 'Academic & Professional Death': Patna High Court Modifies Punishment For MBBS Students Linked To Impersonation In Exams
Granting relief to five MBBS students facing permanent expulsion punishment for impersonation during examinations, the Patna High Court termed the action of the Patna's Aryabhatta Knowledge University against them as "unduly harsh" and "shockingly disproportionate". Observing that such extreme action amounts to inflicting "academic and professional death" upon young students, the...
Patna High Court Acquits Father-Son Duo In 1999 Kidnapping Case; Cites Unexplained Delay In FIR, Non-Examination Of IO
In a significant ruling, the Patna High Court has set aside the conviction and 10-year sentence imposed on Ram Prasad Yadav and his son Ajay Kumar Yadav under Section 364 of the Indian Penal Code (IPC) for the alleged kidnapping of the informant's son in 1999. The appeals (Criminal Appeal (SJ) No. 229 of 2004 and No. 240 of 2004) were allowed, discharging the appellants from their bail...
Unauthorized Possession Of Codeine-Based Cough Syrup Falls Under NDPS Act: Patna High Court
The Patna High Court has reiterated that bail under the NDPS Act remains a stringent exception, particularly in cases involving commercial quantities of codeine-based cough syrup.“Negation of bail is a rule and grant of it is an exception," held Justice Jitendra Kumar, reiterating that unauthorised possession of codeine-based cough syrup, even with less than 2.5% concentration, falls within...
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...