Patna High Court Weekly Roundup: April 07 - April 13, 2025

Citations: 2025 LiveLaw (Pat) 25 To 2025 LiveLaw (Pat) 31

NOMINAL INDEX

X versus Y 2025 LiveLaw (Pat) 25

Sanjay Kumar Shaw vs Smt. Anjali Kumari Shaw 2025 LiveLaw (Pat) 26

Anisha Raj vs The State of Bihar and ors 2025 LiveLaw (Pat) 27

The State of Bihar and ors vs Dhirendra Kumar and ors 2025 LiveLaw (Pat) 28

Sanjeev Kumar Mishra vs The State of Bihar 2025 LiveLaw (Pat) 29

Brij Nandan @ Siya Ram Yadav and Anr vs The State of Bihar and ors 2025 LiveLaw (Pat) 30

Angela Lee Hicks vs The State of Bihar and Ors 2025 LiveLaw (Pat) 31

Orders/Judgements

Child Custody Can Be Granted Based On Present Day Circumstances, Courts Can't Cast Child's Horoscope: Patna High Court

Case Title: X versus Y

LL Citation: 2025 LiveLaw (Pat) 25

The Patna High Court rejected a father's plea for custody over his minor daughter, after noting that the girl who has been living with her maternal grandfathers since she was an infant, would feel more warmth, affection and sense of security in their company today as compared to living in her father's company.

The court however made it clear that it has not observed that the father is unfit to be his minor daughter's legal guardian, who is now 10 years old.

Spouse Having Schizophrenia Not Ground For Divorce Unless Disorder Of Such Degree That Partner Can't Be Expected To Live Together: Patna HC

Case Title: Sanjay Kumar Shaw vs Smt. Anjali Kumari Shaw

LL Citation: 2025 LiveLaw (Pat) 26

The Patna High Court has held that mere allegations of a mental disorder such as schizophrenia cannot justify a plea for divorce unless it is proved that the disorder is of such a kind and degree that the partner cannot reasonably be expected to live together.

The Court emphasised that vague or unsubstantiated claims regarding mental illness or cruelty are insufficient to attract the grounds for divorce under Section 13(1)(ia), (ib), or (iii) of the Hindu Marriage Act, 1955.

Patna High Court Directs Transfer Of Final-Year BDS Student To Govt College After Derecognition Of Private Institute

Case Title: Anisha Raj vs The State of Bihar and ors

LL Citation: 2025 LiveLaw (Pat) 27

The Patna High Court has directed the State Government to transfer a fourth-year BDS student from the derecognised Dr. B.R. Ambedkar Institute of Dental Sciences and Hospital, Patna, to Patna Dental College, Patna, within four weeks. The direction was issued considering that the student was nearing completion of her course and that equity lay in her favour.

Justice Anjani Kumar Sharan, presiding over the matter, ruled, “It is also an admitted fact that the petitioner is student of 4th year of the BDS course as such the equity is in favour of the petitioner and she is entitled to be transferred to another college.”

BPSC TRE-1: Patna HC Sets Aside Direction To Declare Supplementary Result For Unfilled Posts, Notes Remaining Aspirants Not Eligible

Case Title: The State of Bihar and ors vs Dhirendra Kumar and ors

LL Citation: 2025 LiveLaw (Pat) 28

Patna High Court has set aside a July 2024 direction of a Single Judge, asking Bihar Public Service Commission to declare supplementary result for unfilled vacancies of Primary School Teachers for the 2023 recruitment drive.

The Division Bench comprising Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy found that the remaining candidates though secured the cut-off marks, did not meet the eligibility criteria fixed by the Commission. It observed,

"There is no legal right to appointment but only of being considered, which is subject to bona fide action on the part of the State...It is not incumbent upon the employer to fill all posts but discretion not to appoint, must be exercised judiciously...we have taken into account the categorical statement of the Commission that no respondents/writ petitioners met the cut-off threshold of date of birth, though they had obtained marks equal to the selected candidates."

UG/PG Higher Degrees But Appointment Criteria Can't Be Tinkered: Patna HC Upholds Bihar Pharmacists Cadre Rules Mandating Diploma In Pharmacy

Case Title: Sanjeev Kumar Mishra vs The State of Bihar

LL Citation: 2025 LiveLaw (Pat) 29

The Patna High Court has upheld the constitutional and statutory validity of Rule 6(1) of Bihar Pharmacists Cadre Rules, 2014 (amended), making Diploma in Pharmacy (D. Pharma) from Institutions recognized by the Government along with a certificate, a compulsory requirement to be eligible for appointment as Pharmacist in State Health Department.

Dismissing a series of writ petitions, the Court observed that while graduate and post-graduate degrees in Pharmacy are higher qualification but when the minimum qualification of Diploma in Pharmacy has been fixed in the cadre rules, it cannot be tinkered with only on the ground of it not being sound or wise. The court thus held that criteria was neither arbitrary nor beyond the scope of the Pharmacy Act, 1948 or the Pharmacy Practice Regulations, 2015.

'No Legal Right Affected': Patna High Court Dismisses Plea Against Change In Site For Construction Of Panchayat Sarkar Bhawan

Case Title: Brij Nandan @ Siya Ram Yadav and Anr vs The State of Bihar and ors

LL Citation: 2025 LiveLaw (Pat) 30

The Patna High Court has dismissed a writ petition challenging the decision to change the site for the construction of a Panchayat Sarkar Bhawan in Darbhanga district, holding that the petitioners had failed to show any personal legal injury or violation of a legal right.

The petition was filed to quash the resolution passed by the Aam Sabha on 02.08.2016 and the subsequent order dated 06.12.2016 passed by the District Magistrate, Darbhanga, approving the relocation of the proposed Panchayat Sarkar Bhawan. The petitioners also sought a direction for the construction to be carried out at the original site in Mauza-Pakahi, contending that it had already been approved, tenders had been floated, and the plot was more suitable in terms of size and location.

'Lethargic Approach Tarnished Country's Image': High Court Slams Bihar Police For Lapses In Probing Foreign National Minor's Sexual Abuse Case

Case Title: Angela Lee Hicks vs The State of Bihar and Ors

LL Citation: 2025 LiveLaw (Pat) 31

The Patna High Court has strongly criticised the Bihar police for their lethargic and negligent handling of a case involving allegations of sexual abuse against a minor foreign national, observing that their conduct—from the stage of FIR registration to investigation and charge-sheet submission—tarnished the image of India as a nation committed to justice under the Constitution.

The Court held that the police's “lethargic or lackadaisical approach” prima facie reflected a failure to uphold the values enshrined in the Preamble. It further noted that the Special POCSO Court's refusal to admit electronic evidence, despite being accompanied by a valid certificate under Section 65B of the Indian Evidence Act, amounted to a miscarriage of justice and constituted an abuse of process.