Bihar Prohibition & Excise Act | Motorcycle Can't Be Held To Have Been 'Used To Carry' Illicit Liquor If It Is Merely Recovered From Rider: High Court

The Patna High Court recently held that under the Bihar Prohibition and Excise Act, 2016, a motorcycle cannot be considered as having been 'used' to transport illicit liquor if it was found in the possession of the individuals riding it.The division bench of Justices PB Bajantari and Jintendra Kumar observed, “Coming to the case at hand, no intoxicant or liquor was recovered from the...

Lawyer Facing Cruelty Charges Attempts To Jump Off From Patna High Court Building

In a distressing incident, a lawyer facing a case under Section 498A IPC attempted to jump off from the Patna High Court building after a hearing in the matter ended on February 2, 2024.During the previous hearing (on 15.12.2023), the wife's counsel had expressed her willingness to reach compromise, but found the petitioner's offered settlement amount of Rs.2,50,000/- unacceptable, as she...

'Aimed To Ensure Education Is Not Commercialized': Patna High Court Upholds Law Regulating Private School Fees

In a landmark verdict, the Patna High Court has affirmed the constitutionality of Bihar's Private Schools (Fee Regulation) Act, 2019, dismissing the writ application filed by the Association of Independent Schools Bihar. While rejecting the writ application, the High Court stated that the government can regulate fees to prevent profiteering, and directed the state government to adopt...

Patna High Court Dismisses Writ Petition Challenging GST Registration Cancellation Due to Procedural Lapses

In a recent judgment, the Patna High Court dismissed a writ petition challenging the cancellation of GST registration by the Union of India.The petitioner, Ramesh Radav, was aggrieved with the cancellation of registration by an order passed on 20.01.2021. It was contended by the petitioner's counsel that the show-cause notice for cancellation of registration dated 06.01.2021 directed...

High Court Directs Patna SSP To Draw Out A Strategy To Trace Out Minor Girl 'Kidnapped' 4 Months Ago

Taking serious note of the kidnapping of a minor girl four months ago, the Patna High Court issued a significant direction to the Senior Superintendent of Police in Patna to formulate a comprehensive strategy to find the girl and nab the accused persons after going through the video clips (of the incident) within three days. The girl was allegedly kidnapped on September 29,...

Exercising Discretionary Power To Grant "Benefit Of Doubt" Not Required When Evidence Silent In Respect Of Role Of Accused: Patna High Court

The Patna High Court has ruled that the discretionary power to grant the benefit of doubt is not applicable when there is a complete absence of evidence regarding the involvement of the accused individuals.Justice Bibek Chaudhuri observed, “The question of giving benefit of doubt by the Trial Court arises when from the evidence on record, it appears that two views – one in support of...

Patna High Court Weekly Round-Up: January 22 - January 28, 2024

Nominal Index [Citations: 2024 LiveLaw (Pat) 11-15]Sri Vishnupad Bhagwan Through His Next Friend Sri Kanhaiya Lal Gurda And Others Vs. The Bihar State Board Of Religious Trust And Others 2024 LiveLaw (Pat) 11Amit Kumar vs The State of Bihar and Ors 2024 LiveLaw (Pat) 12Dr. Uday Chandra Mishra vs. The State of Bihar 2024 LiveLaw (Pat) 13National Insurance Co. Lt vs The State of Bihar and Ors...

Patna High Court Stays Proceedings Against Lalu Yadav, Rabri Devi For Allegedly Violating Model Code Of Conduct In 2010 Assembly Elections

The Patna High Court has stayed further proceedings against Lalu Prasad Yadav and his wife Rabri Devi, the ex-Chief Ministers of Bihar, for allegedly violating the Model Code of Conduct during the 2010 Assembly Elections.The charges against the duo stemmed from an incident during the Bihar Assembly polls, where they were accused of taking their security guards inside a booth in the Digha...

Chain Of Circumstances Must Unerringly Point Towards Guilt Of Accused: Patna High Court Sets Aside Rape And Murder Conviction

The Patna High Court has overturned a judgment of conviction and order of sentence under the Protection of Children from Sexual Offences Act (POCSO), while stressing the importance of establishing a clear and unerring chain of circumstances pointing unequivocally to the guilt of the accused.The division bench of Justices Alok Kumar Pandey and Ashutosh Kumar underscored, "We can test...

Patna High Court Dismisses PIL Filed By Science Teacher Seeking Exemption From LLB Classes Due To Employment

The Patna High Court has dismissed a Public Interest Litigation (PIL) filed by a Science Teacher at Jawahar Navodaya Vidyalaya (District Garhwa, State of Jharkhand) who sought exemption from attending LLB classes on the grounds that the petitioner was employed by the educational institution.The division bench headed by Chief Justice K. Vinod Chandran deemed the representation as "misguided"...

Patna High Court Refuses To Quash FIR Against IPS Amit Lodha In Disproportionate Asset Case, Directs State To Conclude Investigation In 6 Months

While rejecting Bihar Cadre Indian Police Service (IPS) officer Amit Lodha's plea to quash the first information report (FIR) related to a Disproportionate Asset (DA) case lodged against him by the Special Vigilance Unit (SVU), the Patna High Court has directed the SVU to take the investigation of this case to its logical end within six monthsLodha, a 1998 batch IPS officer, currently posted...

Order Holding Regularisation Of Service Illegal 5 Yrs After Retirement Was Unjustified: Patna HC Provides Relief To Padmabhushan Singer Sharda Sinha

Patna High Court last week granted relief to the 71-year-old, Indian folk and classical singer, Padmabhushan Sharda Sinha while setting aside the government order on the basis of which the payment for pension and other retrial benefits of the singer was stopped by her employer, Lalit Narayan Mithila University (LNMU), Darbhanga.Justice Harish Kumar while allowing two writ petitions filed by...