'Blanket Approach Of Denying Public Employment To Persons Named In FIR Is Contrary To Fairness': Patna High Court

The Patna High Court has held that the sealed cover procedure cannot be invoked merely on the basis of pendency of an FIR, reiterating that denial of appointment on the basis of untested allegations violates settled constitutional principles under Articles 14 and 16.A Single Judge Bench of Justice Alok Kumar Sinha was hearing a writ petition filed by candidates who had applied pursuant...

'Sorry State Of Affairs': Patna High Court Says Citizens Forced To Approach Court For Aadhaar Correction, Directs UIDAI To Act

The Patna High Court has expressed concern over the increasing number of petitions seeking correction of date of birth in Aadhaar records, observing that citizens are being unnecessarily forced to approach the Court despite fulfilling statutory requirements.A Single Judge Bench of Justice Ajit Kumar was hearing a writ petition filed by a petitioner seeking correction of his date of birth in...

'Beyond Imagination How Seized Items Were Termed Contraband Without FSL Report': Patna High Court Acquits NDPS Accused After 27 Years

The Patna High Court has acquitted a man convicted under the NDPS Act, holding that the prosecution failed to prove recovery of contraband in accordance with law and that non-compliance with mandatory safeguards, coupled with evidentiary gaps, vitiated the conviction. A Single Judge Bench of Justice Alok Kumar Pandey was hearing a criminal appeal against the judgment dated 27.12.2010 passed...

'Suspicion Cannot Replace Proof': Patna High Court Acquits Accused In Ara Court Blast Case, Sets Aside Death Sentence

In a 176-page judgment, the Patna High Court set aside the conviction of multiple accused in the Ara Civil Court bomb blast case, holding that the prosecution failed to establish the chain of circumstances beyond reasonable doubt and reiterating that “suspicion, however strong, cannot take the place of proof.” A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice...

'Overloaded Vehicles Cannot Be Allowed To Ply Without Removing Excess Load': Patna High Court Calls For Strict Enforcement

The Patna High Court has reiterated that overloaded vehicles cannot be permitted to ply on roads and highways without removal of excess load, holding that mere imposition of fines is insufficient and strict enforcement of statutory mandates is necessary to prevent damage to infrastructure.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing the...

Patna High Court Sets Aside Direction To Appoint Waitlisted Candidate In Civil Court Recruitment, Says 'Fence-Sitters' Cannot Claim Parity

The Patna High Court has held that candidates who fail to assert their rights within the subsistence of a select panel cannot later seek parity with others who approached the Court in time, reiterating that writ relief is barred by delay and laches and that Article 14 does not permit extension of benefits on the basis of “negative equality.” A Division Bench comprising Chief Justice...

'Medical Evidence Shows Prior Sexual Experience, No Injury Marks': Patna High Court Sets Aside POCSO Conviction For Rape

"Medical officer did not find any mark of violence on her body. On the other hand, she found old rupture of hymen and the vagina easily admitting one finger meaning thereby the victim had previous experience of sexual intercourse,” court said.

National Highways Act Is A Complete Code; Waqf Tribunal Lacks Jurisdiction To Stall Highway Project: Patna High Court

The Patna High Court set aside the injunction granted by the Waqf Tribunal restraining NHAI from highway construction, holding that the National Highways Act is a complete code in itself for the purpose of acquisition of land for the national highwaysA Single Judge Bench comprising Justice Bibek Chaudhuri was hearing an appeal under Section 83(9) of the Waqf Act, 1995 read with the...

Patna High Court Orders Toll-Free Helpline For Mentally Ill Persons, Stresses Vocational Training To Make Recovered Patients Self-Sufficient

The Patna High Court has issued directions for the creation of a toll-free helpline to assist persons suffering from mental health issues, while hearing a suo motu public interest litigation concerning the condition of mental health facilities in Bihar. The Court also directed the State to consider suggestions made by the Amicus Curiae in the matter.A Division Bench comprising Chief...

'Remission Schemes Motivate Prisoners To Maintain Good Behaviour': Patna High Court Orders Reconsideration Of Life Convicts' Plea

The Patna High Court has held that remission schemes serve an important reformative purpose and act as a healthy motivation for prisoners to maintain good behaviour. It accordingly directed the Bihar State Sentence Remission Review Board to reconsider the remission applications of two convicts who had been sentenced to life imprisonment for abducting children for extortion.Justice Jitendra...

Patna High Court Seeks State's Response On Permitting Settlement Of Traffic Challans In Lok Adalats

The Patna High Court has asked the State of Bihar to respond on whether traffic challan matters can be taken up for settlement in Lok Adalats.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Alok Kumar Sinha was hearing a writ petition seeking directions to the authorities to issue clear instructions regarding the hearing and settlement of compounding cases relating...

Mental Healthcare Act | Patna High Court Takes Suo Motu Cognisance Of “Shortcomings” In Bihar's Mental Health Facilities, Seeks Report

The Patna High Court has taken suo motu cognisance of shortcomings in mental health facilities in the State of Bihar, including at the Bihar State Institute of Mental Health and Allied Sciences (BIMHAS), Koelwar, Bhojpur, and initiated a suo motu Public Interest Litigation on the basis of an inspection report submitted by the Member Secretary, Bihar State Legal Services Authority...