Patna High Court Half Yearly Digest: January To June 2023 [Citations 1 - 71]

Manoj Kumar Sah Versus The State of Bihar 2023 LiveLaw (Pat) 1

Kalyan Sah v. Mosmat Rashmi Priya 2023 LiveLaw (Pat) 2

Kaushlya Devi v. The State of Bihar & Ors. 2023 LiveLaw (Pat) 3

Anmol Kumar v. The State of Bihar & 6 Ors. 2023 LiveLaw (Pat) 4

Anamika Pranav v. Anil Kumar Choudhary 2023 LiveLaw (Pat) 5

Kamla Kant Prasad v. The State of Bihar & Anr. 2023 LiveLaw (Pat) 6

Nida Amina Ahmad v. The Union of India and Ors 2023 LiveLaw (Pat) 7

Md. Sarfaraj vs. State of Bihar 2023 LiveLaw (Pat) 8

Paramjeet Kumar (Minor) Vs. The Union of India 2023 LiveLaw (Pat) 9

DR. Amod Prabodhi Vs. The State of Bihar 2023 LiveLaw (Pat) 10

Virendra Kumar Singh Vs. The State of Bihar & Ors. 2023 LiveLaw (Pat) 11

Shiv Kumar and Ors. vs Anil Bhagat and Ors. 2023 LiveLaw (Pat) 12

Awadh Tiwari vs. The State Of Bihar and Ors 2023 LiveLaw (Pat) 13

Hari Shankar Yadav Vs. Dakhiya Devi 2023 LiveLaw (Pat) 14

Surendra Bahadur Singh vs. Yogendra Bahadur Singh 2023 LiveLaw (Pat) 15

Aditya Kumar vs. The State of Bihar 2023 LiveLaw (Pat) 16

Deepak Kumar Vs State of Bihar 2023 LiveLaw (Pat) 17

Neelam Sinha vs. The State of Bihar 2023 LiveLaw (Pat) 18

Jitendra vs. The State Bank Of India and Ors 2023 LiveLaw (Pat) 19

Gammon Engineers and Contractors Pvt. Ltd vs. The State of Bihar 2023 LiveLaw (Pat) 20

Shyam Kumar Jha and Ors vs. The State Of Bihar and Ors 2023 LiveLaw (Pat) 21

M/s Aman Industries vs. The State of Bihar 2023 LiveLaw (Pat) 22

Raj Kumar Yadav vs. The State of Bihar 2023 LiveLaw (Pat) 23

Munakiya Devi vs. The State Of Bihar and Ors 2023 LiveLaw (Pat) 24

JK vs. RS and Anr. 2023 LiveLaw (Pat) 25

Lavkush Anupam vs. The State of Bihar and Ors. 2023 LiveLaw (Pat) 26

Ashok Kumar Sinha vs. State Bank of India and Ors. 2023 LiveLaw (Pat) 27

Rama Prasad Singh vs. The State of Bihar and Ors. 2023 LiveLaw (Pat) 28

Amit Kumar and Ors vs. The State of Bihar and Ors 2023 LiveLaw (Pat) 29

Ajay Kumar Madhesiy vs. The State of Bihar and Ors 2023 LiveLaw (Pat) 30

X vs The State of Bihar Bihar 2023 LiveLaw (Pat) 31

AM @ AK vs. PD 2023 LiveLaw (Pat) 32

Laxman Sah. and Ors vs. The State of Bihar and Ors 2023 LiveLaw (Pat) 33

Md. Wasim Uddin vs. State of Bihar and Ors. 2023 LiveLaw (Pat) 34

M/S Kaveri Liquors (P) Ltd vs. The State of Bihar 2023 LiveLaw (Pat) 35

Kanchan Kumar Mishra vs The State of Bihar 2023 LiveLaw (Pat) 36

Ganga Ram Paswan vs. Chairman, Bihar State Electricity Board 2023 LiveLaw (Pat) 37

Munilal Yadav & Ors. vs. State of Bihar & Ors. 2023 LiveLaw (Pat) 38

Sangeeta Rani vs. The State of Bihar and Ors 2023 LiveLaw (Pat) 39

Youth For Equality & Ors. vs. The State of Bihar & Ors. along with connected pleas 2023 LiveLaw (Pat) 40

M/s REW Contracts Pvt Ltd vs Bihar State Power Transmission Co Ltd & Anr. 2023 LiveLaw (Pat) 41

Ajay Kumar vs. State of Bihar & Ors. 2023 LiveLaw (Pat) 42

BS vs. SK and Anr 2023 LiveLaw (Pat) 43

The State of Bihar and Ors. Vs. Sidharth Pratap 2023 LiveLaw (Pat) 44

Pankaj Kumar vs. Commissioner of Income Tax 2023 LiveLaw (Pat) 45

Vikash Kumar Vs. The Hon’ble Patna High Court 2023 LiveLaw (Pat) 46

Prem Kumar vs. The State of Bihar and Ors. 2023 LiveLaw (Pat) 47

Ranjan Kumar Gupta vs. Puja Devi 2023 LiveLaw (Pat) 48

Rajani Kant Ojha vs. The State of Bihar and Ors 2023 LiveLaw (Pat) 49

Koshi Vikas Sangharsh Morcha and Ors vs. Union of India and Ors 2023 LiveLaw (Pat) 50

Md. Ishakh vs. Union of India & Ors. 2023 LiveLaw (Pat) 51

Kumar Gaurav vs. State of Bihar & Ors. 2023 LiveLaw (Pat) 52

Om Prakash Tiwari vs. BCCI & Ors. 2023 LiveLaw (Pat) 53

Congress Maidan Bachao Samiti vs. State of Bihar & Ors. 2023 LiveLaw (Pat) 54

Dhananjay Seth vs. The Union of India 2023 LiveLaw (Pat) 55

Sunil Kumar vs. State of Bihar 2023 LiveLaw (Pat) 56

M/s DEN Networks Limited Versus The State of Bihar 2023 LiveLaw (Pat) 57

Anshuman Shreya (Advocate) In person vs. The State of Bihar 2023 LiveLaw (Pat) 58

Shambhu Nath Sikari vs. The State of Bihar and Ors 2023 LiveLaw (Pat) 59

Kumar Amit vs. The Union of India 2023 LiveLaw (Pat) 60

Ram Bahadur Pandey and Ors vs. Union of India and Ors 2023 LiveLaw (Pat) 61

Rajesh Kumar Singh vs The State of Bihar and Ors 2023 LiveLaw (Pat) 62

Nikhil Singh Vs. Union of India & Ors. 2023 LiveLaw (Pat) 63

Umesh Kumar Singh vs The State of Bihar and Ors With Prakash Kumar Bhatt vs The State of Bihar and Ors 2023 LiveLaw (Pat) 64

Hero Cycle Limited And Anr Vs. Hero Ecotech Limited And Ors 2023 LiveLaw (Pat) 65

Vijay Shankar Rai vs. The State of Bihar and Ors 2023 LiveLaw (Pat) 66

Maharana Singh vs. The State of Bihar and Others 2023 LiveLaw (Pat) 67

Mahendra Singh vs The State of Bihar and Others 2023 LiveLaw (Pat) 68

Rajnish Singh @ Rajnish Kumar @ Chuhwa vs. The State of Bihar 2023 LiveLaw (Pat) 69

Rovins Kumar vs. The Lalit Narayan Mithila University, Darbhanga and Ors. 2023 LiveLaw (Pat) 70

Swati Swarnim vs. The State of Bihar and Others 2023 LiveLaw (Pat) 71

Orders/Judgments

GST Registration Cancelled Without Granting Opportunity Of Personal Hearing: Patna High Court Quashes Order

Case Tile: Manoj Kumar Sah Versus The State of Bihar

Citation: 2023 LiveLaw (Pat) 1

The Patna High Court has held that the GST registration was canceled without granting him the opportunity of a personal hearing. The division bench of Chief Justice Sanjay Karol and Justice Partha Sarthy has quashed the GST cancellation order and held that the authority ought to have at least referred to the contents of the show cause and the response thereto, which was not done.

Not only is the order non-speaking, but it is also cryptic in nature, and the reason for cancellation is not decipherable.

Daughter-In-Law Can’t Claim Maintenance From Father-In-Law U/S 125 CrPC: Patna High Court

Case Title: Kalyan Sah v. Mosmat Rashmi Priya

Citation: 2023 LiveLaw (Pat) 2

The Patna High Court has clarified that a daughter-in-law is not entitled to claim maintenance from her father-in-law under Section 125 of the Code of the Criminal Procedure. The Single Judge Bench of Justice Sunil Dutta Mishra further held that a Family Court cannot invoke Section 125 CrPC to grant interim maintenance while deciding an application for maintenance under Section 19 of the Hindu Adoption and Maintenance Act (the HAMA).

The Court said: “Section 125 of Cr.P.C. deals with an order for maintenance of wife, children and parents. The daughter-in-law cannot claim maintenance under Section 125 Cr.P.C. but she can claim the same under Section 19 of the Hindu Adoption and Maintenance Act. The provision of Section 125 Cr.P.C. in petition under Section 19 of the Hindu Adoption and Maintenance Act, 1956 cannot be applied.”

Departmental Proceeding Against Employee Abates With His Death; No One Can Be Substituted In His Place: Patna High Court

Case Title: Kaushlya Devi v. The State of Bihar & Ors.

Citation: 2023 LiveLaw (Pat) 3

The Patna High Court has reiterated that departmental proceedings against a delinquent employee abates with his death and therefore, no one can be substituted in his place to represent him to put forward a defence.

While allowing the writ petition claiming family pension, the Single Judge Bench of Justice Harish Kumar observed, “It is settled proposition of law that judicial enquiry or departmental proceeding against a delinquent totally abates on death of an employee for the simple reason that in order to punish an employee, there must be subsistence of employer and employee relationship. Once an employee died the said relationship ceases. The defence, if any, is a personal defence available to the employee and no person can be substituted in place of dead employee.”

Patna High Court Shuts 49 Brick Kilns Over Failure To Shift To 'Cleaner Technology'

Case Title: Anmol Kumar v. The State of Bihar & 6 Ors.

Citation: 2023 LiveLaw (Pat) 4

The Patna High Court on Saturday directed the government to close 49 brick kilns that failed to shift to cleaner technology and produce fly ash bricks, despite a cut-off date set by the Bihar State Pollution Control Board.

The Board had issued a Notification in December 2018 by which all brick kilns were asked to switch to cleaner technology by September 2019. More than 3,000 brick kilns have shifted to cleaner technology, the Court noted. However, as per the affidavit filed by the Board in November 2022, 49 brick kilns have still not converted into cleaner technology and have not obtained consent.

Evidence Of Witness In Examination-In-Chief Doesn’t Become Inadmissible Merely Because He Couldn’t Be Cross-Examined: Patna HC Reiterates

Case Title: Anamika Pranav v. Anil Kumar Choudhary

Citation: 2023 LiveLaw (Pat) 5

The Patna High Court has reiterated that evidence given by a witness in his examination-in-chief cannot be completely discarded merely because he could not be cross-examined by the opposite party. A Single Judge Bench of Justice Sunil Dutta Mishra underlined that such evidence can be made admissible but weight to be attached to such testimony will depend upon the facts and circumstances.

“The evidence untested by cross-examination can have no value but the evidence cannot be rejected as inadmissible. The correct rule is that the evidence is admissible but the weight to be attached to such evidence should depend on the circumstances of each case and that though in some cases the Court may act upon it, if there is other evidence on record, its probative value may be very small and may even be disregarded,” the Court observed.

Patna High Court Denies Anticipatory Bail To DSP Accused Of Raping Minor Maid In Govt Quarter

Case Title: Kamla Kant Prasad v. The State of Bihar & Anr.

Citation: 2023 LiveLaw (Pat) 6

The Patna High Court recently denied anticipatory bail to a suspended Deputy Superintendent of Police (DSP) who is accused of committing forceful sexual intercourse in 2017 with a minor girl, who was engaged as a maid for his wife.

While denying relief to the petitioner Kamla Kant Prasad, Justice Rajiv Roy observed: “The petitioner being a Police Officer was duty bound to protect the victim girl but he himself became a predator and in the process, raped her and there was no one in the government quarter to save her from the alleged act of the petitioner.”

Corrections Can Be Made In Passports Of Such Applicants Who Were Minor When Passport With Incorrect DoB Was Issued: Patna High Court

Case Title: Nida Amina Ahmad v. The Union of India and Ors

Citation: 2023 LiveLaw (Pat) 7

The Patna High Court on Tuesday directed the Regional Passport Office to consider the application of a girl for issuance of fresh passport and correct her date of birth on the basis of the Matriculation certificate issued by CBSE, who was minor at the time of recording of date of birth during the issuance of previous passport.

While allowing the writ petition, the single judge bench of Justice Purnendu Singh said: “In view of the several notifications issued by the Ministry of External Affairs, Government of India contained in Circular No. VI/401/2/5/2001 dated 26.11.2015 and Circular No. VI/402/02/01/2016 dated 08.02.2017, exemption should be given to the petitioner who was minor at the time when passport with alleged incorrect date of birth was issued to her. As and when she applied after attaining the age of majority, the PIA irrespective of the duration of the issuance of passport was required to accept her case for consideration and if is satisfied with the claim and document (s) submitted by the applicant, may accept her request for change of date in the passport without imposition of any penalty.”

Patna High Court Grants Anticipatory Bail To Man Accused Of Making 'Filthy' FB Posts Against Goddess Janaki, Lakshmana Ji

Case Title: Md. Sarfaraj vs. State of Bihar

Citation: 2023 LiveLaw (Pat) 8

The Patna High Court last week granted anticipatory bail to one Md. Sarfaraj @ Sharfaraj Ansari who has been accused of making 'filthy' Facebook post over Goddess Janaki and Laxman Ji.

The bench of Justice Anjani Kumar Sharan ordered that in the event of arrest or surrender of the accused before the court below within a period of six weeks from today, he be enlarged on bail on furnishing bail bond of Rs. 25K with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran.

Can't Deny Admission Solely Because Student Not Resident Of District In Which Navodaya Vidyalaya Is Situated: Patna High Court Differs From Bombay HC

Case Title: Paramjeet Kumar (Minor) Vs. The Union of India

Citation: 2023 LiveLaw (Pat) 9

The Patna High Court has passed an order overturning the decision of the Jawahar Navodaya Vidyalaya rejecting admission to a group of minor students, who had been shortlisted through a full fledged selection process, on the basis that they were not residents of the district in which the school was situated. The court has ordered the respondent school to consider the petitioner’s admission based on their merit.

Patna High Court Says BSUSC's Asst Professor Recruitment Drive Not In Line With Reservation Rules, Backlog Vacancies Not Earmarked Separately

Case Title: DR. Amod Prabodhi Vs. The State of Bihar

Citation: 2023 LiveLaw (Pat) 10

The Patna High Court has ordered the Bihar State University Service Commission (BSUSC) to re-conduct recruitment to 4,638 Assistant Professor positions in the State after it found that the earlier selection process was unlawful and in complete violation of the applicable rules of reservations as mandated by the Constitution of India.

While allowing the writ petition filed by Dr. Amod Prabodhi and various others, the single bench of Justice Sanjeev Prakash Sharma instructed the State government and the Commission to reopen the recruitment process after dividing the openings in accordance with the applicable law.

Patna High Court Quashes Order Setting Aside PDS Shop Allotment, Rules In Favour Of Petitioner With Higher Qualification In Computer Knowledge

Case Title: Case Title: Virendra Kumar Singh Vs. The State of Bihar & Ors.

Citation: 2023 LiveLaw (Pat) 11

In a recent order passed by the Patna High Court, the Secretary's decision to set aside the allotment of a PDS shop to the Petitioner and award it to another candidate has been quashed and set aside.

The Petitioner had challenged the placement of the other candidate in the provisional merit list and claimed that he was entitled to be placed at No. 1. The counsel for the Petitioner submitted that the Petitioner possessed better qualifications than the Respondent for the purpose of issuing a licence in terms of the Bihar Targeted PDS (Control) Order 2016.

After Trial Has Commenced, Amendments To Pleadings Cannot Be Allowed Merely To Remove Ambiguity: Patna High Court

Case Title: Shiv Kumar and Ors. vs Anil Bhagat and Ors.

Citation: 2023 LiveLaw (Pat) 12

In a recent judgement, a bench comprising Justice Sunil Dutta Mishra of the Patna High Court has held that the onus lies on the parties seeking an amendment to a suit to satisfy the Court that in spite of due diligence, they could not have raised the matter before the commencement of the trial. The court further held that amendments are not to be allowed merely because they are clarificatory in nature or remove any ambiguity after trial has commenced.

[Departmental Action] Court Testing Vires Of Punishment Order Is Not Appellate Authority, Can Only Test Decision Making Process: Patna High Court

Case Title: Awadh Tiwari vs. The State Of Bihar and Ors

Citation: 2023 LiveLaw (Pat) 13

A bench comprising Justice Anil Kumar Sinha of the Patna High Court has recently ruled that while examining the legality of a punishment order in a departmental enquiry, the Court should focus on identifying flaws in the decision-making process, rather than sitting upon the decision itself as an Appellate Authority.

In this case, the writ application was preferred against an order passed by Engineer-In-Chief (Central), Water Resources Department, Government of Bihar, whereby a punishment order stopping 5% pension was imposed upon the petitioner in a departmental proceeding.

Order 6 Rule 17 CPC | Party Can’t Be Refused Relief Merely Over Inadvertence Or Infraction Of Procedural Rules: Patna High Court

Case Title: Hari Shankar Yadav Vs. Dakhiya Devi

Citation: 2023 LiveLaw (Pat) 14

A bench comprising Justice Sunil Dutta Mishra of the Patna High Court, while allowing a civil miscellaneous petition held that a party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure.

In this case, the Civil Miscellaneous application was preferred for setting aside the order passed by Sub-Judge, Gaya in a Suit wherein the Sub-Judge rejected the amendment petition filed by the petitioners under Order 6 Rule 17 of the Code of Civil Procedure.

Amendments In Connection With Time-Barred Claims Permissible If Special Circumstances Exist: Patna High Court

Case Title: Surendra Bahadur Singh vs. Yogendra Bahadur Singh

Citation: 2023 LiveLaw (Pat) 15

While dismissing a civil miscellaneous application, a bench of Justice Sunil Dutta Mishra of the Patna High Court held that the Court has the power to allow amendments in connection with claims that have become time-barred if special circumstances exist and it is in the interest of justice. However, no amendment will be permitted that introduces a new set of ideas to the detriment of any right acquired by any party through the lapse of time.

IPS Officer Who Allegedly Got Conman To Pose As Chief Justice To Influence Corruption Probe Against Him Denied Anticipatory Bail By Patna High Court

Case Title: Aditya Kumar vs. The State of Bihar

Citation: 2023 LiveLaw (Pat) 16

The Patna High Court has refused anticipatory bail to IPS officer and former Superintendent of Police Aditya Kumar who had allegedly involved a conman to pose as the Chief Justice of the State in order to influence a corruption probe against him.

A bench comprising Justice Anjani Kumar Sharan said there is ample evidence against Kumar in the form of electronic evidence, which establish his connivance and active participation as a mastermind, who got the plan executed through a co-accused.

It went on to remark, "Corruption has always been a potential threat to the growth and prosperity of any Nation and that too by a person in uniform, who is supposed to keep curb over such activities."

Statement Recorded U/S 164 Or 161 CrPC Can't Be Treated As Substantive Evidence Without Opportunity Of Cross-Examination To Defence: Patna High Court

Case Title: Deepak Kumar Vs State of Bihar

Citation: 2023 LiveLaw (Pat) 17

The Patna High Court, while acquitting an accused under the POCSO Act, has reiterated that if the defence is denied an opportunity to cross examine a witness whose statement is recorded under Section 164 or Section 161 CrPC, then such statements cannot be treated as evidence of substantive character.

The bench of Justice Alok Kumar Pandey relied upon Supreme Court's decision in R. Shaji vs. State of Kerala. It was dealing with a criminal appeal filed against the judgement of conviction under Section 366(A) (Procuration of minor girl) and 376 of the IPC read with Section 4 of POCSO Act (Punishment for penetrative sexual assault).

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Case Title: Neelam Sinha vs. The State of Bihar

Citation: 2023 LiveLaw (Pat) 18

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations.

A bench comprising Justices Ashutosh Kumar and Harish Kumar observed, "Merely because the two orders are not justified according to the parameters of law fixed would not lead to the only inescapable conclusion that there was any extraneous consideration in passing of such orders, justifying punishment to the Judicial Officer/the petitioner."

Banks Have Exclusive Domain On Their Treasury, Discretion To Release Loan Subject To Their Satisfaction, Can't Issue Writ: Patna High Court

Case Title: Jitendra vs. The State Bank Of India and Ors

Citation: 2023 LiveLaw (Pat) 19

In a recent ruling, the Patna High Court dismissed a writ petition seeking a writ of mandamus to direct the Bank authorities to sanction a loan amount of Rs. 25 lakhs.

A single judge bench comprising Justice Sanjeev Prakash Sharma held that a writ petition seeking mandamus to release a loan amount from a Bank was not maintainable as Banks have an exclusive domain on their treasury and also have the discretion to release loans subject to their satisfaction.

File Appeal Once Tribunal Is Constituted: Patna High Court Allows Assessee To Prefer Appeal Outside Limitation Period

Case Title: Gammon Engineers and Contractors Pvt. Ltd vs. The State of Bihar

Citation: 2023 LiveLaw (Pat) 20

The Patna High Court has allowed the petitioner assessee to file an appeal under Section 112 of the Bihar Goods and Services Tax Act 2017 (BGST Act) outside the period of limitation as envisaged under the Act since the impugned order preventing the assessee from availing the benefit of stay on the recovery of balance GST amount was passed when the Appellate Tribunal was not constituted in the state.

The division bench comprising Acting Chief Justice Chakradhari Sharan Singh and Justice Madhuresh Prasad was hearing a petition seeking issuance of a writ of certiorari for quashing of the order issued by the Additional Commissioner of State Taxes, whereby the appeal preferred by the petitioner under section 107 of the Central Goods and Services Tax Act 2017 and Bihar Goods and Services Tax Act, 2017 (BGST Act) was rejected.

Reasons In Show-Cause Notice Must Clearly Outline Grounds On Which Action Under Rules Is Proposed: Patna High Court Restores PDS License

Case Title: Shyam Kumar Jha and Ors vs. The State Of Bihar and Ors

Citation: 2023 LiveLaw (Pat) 21

The Patna High Court recently has quashed and set-aside the impugned orders cancelling the petitioner's PDS licence, citing violation of principles of natural justice.

A bench comprising Justice Sanjeev Prakash Sharma observed, “The reasons must be set forth in the show-cause notice clearly outlining the various grounds on which the action under the Rules is proposed. In the absence of the grounds, the concerned licensee would be deprived of meting out with the allegations as he would not be in a position to defend himself.”

[Land Allotment] Entrepreneurs Setting Up Industry Should Be Given Opportunity To Start Production: Patna High Court

Case Title: M/s Aman Industries vs. The State of Bihar

Citation: 2023 LiveLaw (Pat) 22

The Patna High Court recently granted partial relief to an entrepreneur whose land allotment was cancelled by Bihar Industrial Area Development Authority citing failure to start production after setting up of industry in Muzaffarpur.

The Court took on record petitioner's undertaking to start production in 60-90 days. A bench comprising Justice Sanjeev Prakash Sharma observed, “any entrepreneur should be given an opportunity for setting up of an industry and starting production. There may be several reasons where a company or an industrial unit may stop production. However, the essential feature for allotment is that the industry should start production initially keeping in view the basic purpose of allotment of an industrial land.”

Patna High Court Criticizes "Ugly Haste" Of POCSO Court Which Conducted Entire Trial And Sentenced Accused In A Single Day, Orders Fresh Trial

Case Title: Raj Kumar Yadav vs. The State of Bihar

Citation: 2023 LiveLaw (Pat) 23

The Patna High Court has recently quashed and set aside a trial court’s order imposing life sentence on an accused convicted for offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO). A bench comprising Justices AM Badar and Sandeep Kumar criticized the "ugly haste" shown by the trial court in disposing of the case in one day itself.

It observed, "On the day of framing of the charge itself, police papers were supplied to the accused and the entire trial came to be concluded on the very same day...Because of flagrant violation of principles of natural justice and blatant disregard to the mandatory statutory provisions of the Code of Criminal Procedure, 1973, the impugned Judgement cannot be sustained. Rather the trial itself is vitiated. The manner in which the trial was commenced, conducted and concluded by the learned trial court clearly displays and demonstrates glaring abuse of prescribed procedure of conducting the criminal trial and, therefore, there is no alternative but to direct for De-novo trial of the accused from before the stage of framing of the charge as breach of mandatory provisions of law commenced before framing of the charge causing miscarriage of justice."

Pension And Other Retirement Benefits Valuable Right, Delay In Disbursement Must Be Compensated By State: Patna High Court Bhavya Singh 7 Apr 2023 10:00 AM

Case Title: Munakiya Devi vs. The State Of Bihar and Ors

Citation: 2023 LiveLaw (Pat) 24

In a recent ruling, the Patna High Court has allowed a writ petition seeking payment of pension arrears of the petitioner’s late husband along with statutory and penal interest for the period between March, 2009 to June, 2017 from the Water Resources Department.

The bench finally held, “Pension and gratuity are welfare provisions aimed at maintaining the life of a retired employee and his/her dependents. This is compensatory in nature. The law on grant of interest on delayed payment of retiral benefit is no longer res integra. Reliance was placed on the judgement of the Apex Court in the case of State of Kerala v. M. Padmanabhan Nair reported in (1985) 1 SCC 429 and D.D. Tewari v. Uttar Haryana Bijli reported in (2014) 8 SCC 894 wherein it was held that when the employer delays the release of Pensionary benefits, it is bound to pay interest on account of the delay.”

When Girl Child Doesn’t Appear To Be Comfortable With Mother, Necessary For Court To Consider & Grant Custody To Father: Patna High Court

Case Title: JK vs. RS and Anr.

Citation: 2023 LiveLaw (Pat) 25

The Patna High Court has said that if a girl child expresses discomfort with staying with her mother, even if it is a temporary circumstance, it is a very necessary ground to be factored in for the Family Court to opine and direct that the girl shall stay with her father.

The Division Bench of Justices Harish Kumar and Ashutosh Kumar observed: “The Court exercising parens patriae jurisdiction has to look at the child’s comfort, contentment, health, education, intellectual development, favourable surroundings etc. He has thus to tread the delicate path very cautiously while deciding whether the father’s claim in respect of custody and upbringing is superior or the mother’s.”

‘Not A Case Of People Suffering Due To Any Area Being Inaccessible’: Patna High Court Closes PIL Seeking Construction Of Road In Kaimur

Case Title: Lavkush Anupam vs. The State of Bihar and Ors.

Citation: 2023 LiveLaw (Pat) 26

Observing that it is not a case where people are suffering due to any area being inaccessible, the Patna High Court recently closed a Public Interest Litigation (PIL) seeking directions for construction of a public road in Kaimur district. "Though further development of a road or road connectivity is an important facet of convenience for general public at large, we cannot lose sight of the fact that the issues brought before this Court, by way of instant Public Interest Litigation, has been given due attention by the Authorities, which is apparent from the affidavits.

The Government must be allowed to proceed with the matter for which administrative approval has been sought as per due priority of the road in-question having regard to various administrative and financial issues, which are essentially matters of executive policy," said the court.

Patna High Court Upholds Forfeiture Of Senior SBI Official’s Gratuity, Says Irregularities Weren't Mere Lapses But Deliberate Acts For Personal Gain

Case Title: Ashok Kumar Sinha vs. State Bank of India and Ors.

Citation: 2023 LiveLaw (Pat) 27

Dismissing an appeal challenging the forfeiture of entire gratuity of a senior State Bank of India (SBI) officer, the Patna High Court said no other punishment could have been awarded to him for the proved charges against him.

The bank official was accused of serious irregularities. The division bench comprising Justice Ashutosh Kumar and Justice Harish Kumar observed, "A senior officer of the Bank, who is the custodian of the money of the Bank and, in turn, the money of the investors/depositors is not expected to commit such irregularities. These irregularities are not mere lapses in the performance of the duty but are deliberate acts which has caused serious losses to the Bank and personal gain to the appellant".

Public Land With Water Body And Temple Cannot Be Settled In Anyone's Favour: Patna High Court

Case Title: Rama Prasad Singh vs. The State of Bihar and Ors.

Citation: 2023 LiveLaw (Pat) 28

The Patna High Court has said that a piece of land with a water body and a temple on it cannot be settled in anyone's favour even though it may be gairmazarua public land.

The division bench of Justices Ashutosh Kumar and Harish Kumar observed: “When a water-body, which is used by the public in general, and a temple, which is accessible to all the devotees, stand on the land, even though it is gairmazarua aam land, the same cannot be settled in anyone’s favour, much less the appellant.”

Protection Order Under DV Act: Section 468 CrPC Applicable Only At Cognizance Stage U/S 32 Of DV Act, Not Prior To It: Patna High Court

Case Title: Amit Kumar and Ors vs. The State of Bihar and Ors

Citation: 2023 LiveLaw (Pat) 29

The Patna High Court recently said that Section 468 of CrPC (bar to taking cognizance after lapse of the period of limitation) has applicability in the matter of domestic violence only at the stage of Section 32 of Domestic Violence Act (cognizance and proof for breach of protection order) where question of taking cognizance is involved.

Justice Dr. Anshuman said Section 468 of CrPC does not apply in Domestic Violence Act prior to Section 32 of Domestic Violence Act.

Removed From Job In 2019 Over Reservation Dispute, Patna High Court Says Deoria Resident Could Be Considered For Class IV Vacancy In General Category

Case Title: Ajay Kumar Madhesiy vs. The State of Bihar and Ors

Citation: 2023 LiveLaw (Pat) 30

More than three years after his appointment was cancelled by a single judge as he was found ineligible for the Class IV post revered under Backward Class category, the Patna High Court said Sessions Division at Saran could consider a Deoria resident's case against the vacancy in General category as a one time measure.

Ajay Kumar Madhesiya, a Class IV employee, had been wrongly appointed under the Backward Class category in 2013. The division bench comprising Justices Ashutosh Kumar and Harish Kumar however made it clear that the case will not be treated as a precedent.

Prosecution Did Not Establish Victim Was Minor, Her Statement Also Quite Contradictory: Patna High Court Sets Aside Conviction In POCSO Case

Case Title: X vs The State of Bihar Bihar

Citation: 2023 LiveLaw (Pat) 31

The Patna High Court recently overturned the conviction of an accused in a Protection of Children from Sexual Offences (POCSO) Act case, observing that no exercise was carried out by the prosecution to establish that the victim was minor on the date of occurrence.

The court also said the victim's statement is "quite contradictory" in nature on vital points. Justice Alok Kumar Pandey passed the decision on a criminal appeal against the judgement and sentencing order passed by the Additional Sessions Judge-VII - POCSO, whereby the accused was convicted and was sentenced to undergo rigorous imprisonment for ten years.

Patna High Court Dismisses Husband's Plea Against Maintenance To Wife, Says Refusal To Live With Him Not Without Cause

Case Title: AM @ AK vs. PD

Citation: 2023 LiveLaw (Pat) 32

The Patna High Court has dismissed a criminal revision petition filed by a husband against an order passed by the Additional Principal Judge, Family Court, Katihar, directing him to pay maintenance of Rs.4000/- per month to his wife and minor son. The petitioner had argued that grant of maintenance to the wife is barred under section 125(4) of the Criminal Procedure Code (CrPC) as she refused to live with him without any reasonable cause.

While rejecting the contention, Justice Dr. Anshuman observed, “Upon going through the findings recorded by the trial court on the basis of the materials available on record, it transpires to me that ingredient of section 125(4) of Cr.P.C. is not available to the petitioner as not living with the husband is not without cause.”

Sub-Divisional Officer Expected To Pass Judicial Order Under Section 145 CrPC With Full Reasoning And Discussion: Patna High Court

Case Title: Laxman Sah. and Ors vs. The State of Bihar and Ors

Citation: 2023 LiveLaw (Pat) 33

While setting aside an order passed by Sub-Divisional Officer, Nakatiaganj, the Patna High Court held that an order passed by the authority under Section 145 CrPC is in the nature of a judicial order and not an administrative order.

The bench of Justice Dr. Anshuman observed, "It transpires to this Court that passing such type of order is basically an administrative order. The officer i.e. Sub-Divisional Officer Nakatiaganj may be holding the executive post but at the time of deciding the proceeding under Section 145 of Cr.P.C. he is a quasi-judicial authority and supposed to pass a judicial order and not an administrative order. It is well established that judicial order is the order which is based upon the reasonings on the basis of materials on record and with full discussion which are absolutely lacking in this case."

Patna High Court Dismisses Appeal Seeking Benefit Of Pension Scheme For Employees Of Bihar Industrial Area Development Authority

Case Title: Md. Wasim Uddin vs. State of Bihar and Ors.

Citation: 2023 LiveLaw (Pat) 34

Dismissing a plea of the employees of Bihar Industrial Area Development Authority (BIADA) for grant of pension, the Patna High Court said that notwithstanding the fact that under the BIADA Act, it is stipulated that every employee of the BIADA would be deemed to be a Public Servant within the meaning of Section 21 of the Indian Penal Code, by no stretch of imagination it would make a Public servant a Government servant.

The court was dealing with the argument that appellant and other employees served the authority for all along as a public servant, as defined under Section 21 of the IPC, but the Industry Department imposed the Contributory Provident Fund Scheme on them when at the same time it provided the benefit of pension to employees of the State Government, who were transferred to and absorbed in BIADA.

Bihar Industrial Investment Promotion Policy Does Encourage Manufacturing Industries But No Bar On Establishment Of Other Industries: Patna High Court

Case Title: M/S Kaveri Liquors (P) Ltd vs. The State of Bihar

Citation: 2023 LiveLaw (Pat) 35

The Patna High Court recently allowed a writ petition of M/S Kaveri Liquors (P) Ltd. for change of nature of its industry to a 'hotel industry' on the land allotted by Bihar Industrial Area Development Authority (BIADA).

The bench of Justice Sanjeev Prakash Sharma observed: “The nature of an industry has not been limited to a particular field under the Act. Of course, the Policy, 2016 mentions of encouraging the industries, which are engaged in manufacturing, however, the Policy, 2016 essentially is for the purpose of encouraging the investment in State of Bihar. If the investments in a particular field are being allowed, it does not mean that the other industries are barred from being established.”

After His Acquittal In FIR Alleging Forgery Of Marksheet, Patna High Court Asks Authorities To Consider Ex-Health Manager’s Claim For Reinstatement

Case Title: Kanchan Kumar Mishra vs The State of Bihar

Citation: 2023 LiveLaw (Pat) 36

The Patna High Court has directed the authorities to consider the case of an employee who was terminated from his service due to alleged forgery of a marksheet but was later acquitted by the trial court in the related criminal case.

The division bench of Justices Harish Kumar and Ashutosh Kumar observed that, “The engagement of the appellant was dispensed with only on account of discovery of forgery committed by the appellant by producing incorrect and forged marks-sheet of MBA resulting in institution of a criminal case. However, the said charge has ultimately not been found proved by the trial court and, as such, the cause of action has arisen in favour of the appellant to challenge the same before the appropriate forum, which fact has also suggested by the respondent in filing supplementary counter affidavit, duly sworn by the Civil Surgeon, Jamui, who has submitted before this Court that the appellant/writ petitioner has expeditious alternative remedy available before the District Magistrate, who happens to be the Chairman of District Health Society.”

Can't Ascertain Veracity Of Marriage Certificate In Extraordinary Writ Jurisdiction, Approach Competent Court For Declaration: Patna High Court

Case Title: Ganga Ram Paswan vs. Chairman, Bihar State Electricity Board

Citation: 2023 LiveLaw (Pat) 37

The Patna High Court has held that a marriage certificate obtained under the Special Marriage Act, without proof of the fact that it was finally entered into the marriage certificate book as provided under Chapter III of the Special Marriage Act, is a mere "evidence of marriage" and not "proof of marriage in accordance with the Act".

The bench of Justice Purnendu Singh held, “Section 18 of the Special Marriage Act, 1954 stipulates that where a certificate of marriage has been finally entered in the Marriage Certificate Book under Chapter III of Special Marriage Act, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under the Act…The registration of the marriage is under Section 16 and accordingly it has to be entered into the marriage certificate book under Chapter III of the Act and from the date of entry in the marriage certificate book, the marriage is deemed to be a marriage solemnized under the Act and then only the certificate will be proof of the fact that a marriage under the Act between the petitioner and late Prema Devi has been solemnized as is also clear from Sub-Section ‘2’ of Section 13 of the Act. The marriage certificate as contained in Annexure-1 to the writ petition in want of a clear provision as to whether certificate has been issued under Section 13 of Chapter II of the Act, the same can only be taken as evidence and not proof of the marriage in accordance with the Act.”

Health Centre's Location Essentially Issue Of Executive Policy: Patna High Court Dismisses PIL For Additional PHC On Land Identified By Gram Sabha

Case Title: Munilal Yadav & Ors. vs. State of Bihar & Ors.

Citation: 2023 LiveLaw (Pat) 38

While dismissing a PIL seeking a direction for construction of the Additional Primary Health Centre at village Nerthua under Nerthua Panchayat on the land selected by the Gram Sabha, the Patna High Court said that a decision as to where a healthcare centre should be located is essentially an issue of executive policy and the court cannot interfere with it.

The petitioners had argued that a land admeasuring 2 acres and 34 decimal was available at a place which is nearest to the Railway Station and National Highway, however, they are under an apprehension that under pressure of superior authorities arising out of political influence, the Circle Officer has submitted a proposal of a different plot for construction of the Primary Health Centre.

Judge May Be Subjected To Disciplinary Action For Wrong Judgment Only If There Is "Definite Evidence" Of Extraneous Considerations: Patna High Court

Case Title: Sangeeta Rani vs. The State of Bihar and Ors

Citation: 2023 LiveLaw (Pat) 39

“Putting a Judicial Officer to a departmental proceeding for a wrong order does not serve as a panacea for any ill which is being faced by the judiciary or for that matter any department of the Government. In fact, reckless proceeding only lowers the morale of the judiciary,” said the Patna High Court while granting relief to a woman judicial officer facing charges of 'recklessness' in passing a judgement of acquittal.

While quashing major punishment of compulsory retirement imposed upon her, the division bench of Justices Ashutosh Kumar and Harish Kumar, directed its administration for her immediate reinstatement. The punishment was modified by directing for withholding of three increments of pay with cumulative effect.

State Has No Power To Conduct A Caste-Based Survey, Sharing Its Data With Political Parties A Matter Of 'Great Concern': Patna HC

Case Title: Youth For Equality & Ors. vs. The State of Bihar & Ors. along with connected pleas.

Citation: 2023 LiveLaw (Pat) 40

"The State has no power to carry out a caste-based survey, in the manner in which it is fashioned now, which would amount to a census, thus impinging upon the legislative power of the Union Parliament," the Patna High Court today observed as it put an interim stay on a caste-based census in the State.

The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad also called it a matter of 'grave concern' that the Government intends to share Census data with the leaders of different parties of the State Assembly, the ruling party and the opposition party.

Arbitration Agreement Executed By Joint Venture Can’t Be Invoked By Its Constituents: Patna High Court

Case Title: M/s REW Contracts Pvt Ltd vs Bihar State Power Transmission Co Ltd & Anr

Citation: 2023 LiveLaw (Pat) 41

The Patna High Court has ruled that an arbitration agreement executed by a Joint Venture cannot be invoked by the constituents of the said Joint Venture, since they cannot be considered as a party to the arbitration agreement.

While dealing with a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking appointment of arbitrator, the bench of Chief Justice K. Vinod Chandran held that only the Joint Venture, being a separate legal entity and a party to the arbitration agreement, could invoke arbitration and not the petitioner, who was only one of the constituents of the said Joint Venture.

Patna High Court Directs DGP To Review Letter Stating SHO Will Be ‘Deemed Guilty’ If Illicit Liquor Is Recovered From Police Station Area

Case Title: Ajay Kumar vs. State of Bihar & Ors.

Citation: 2023 LiveLaw (Pat) 42

The Patna High Court has directed the Bihar Director General of Police (DGP) to review a letter dated 24-11-2020, addressed to all Senior Superintendent of Police (SSP), which contains a clause stating that in case of recovery of illicit liquor in an area, the concerned Station House Officer (SHO) and Chowkidar will be ‘deemed guilty’ for not collecting the information and taking necessary action and they will be proceeded against for their failure and inactiveness.

Refusal For DNA Test After Allegation Of Adultery Can’t Lead To Inference Of Adulterous Relationship As Conclusive Proof Absent: Patna High Court

Case Title: BS vs. SK and Anr

Citation: 2023 LiveLaw (Pat) 43

The Patna High Court recently said that the refusal for a DNA test after an allegation of adultery cannot be used to draw an inference to such an extent that the person against whom the accusation has been made "is in adulterous relation with someone because conclusive prove of D.N.A. test is not present."

Justice Dr. Anshuman said that adverse inference ought to be drawn but "but this adverse inference shall be drawn only up to that extent that no benefit should be granted to opposite party No.1 but inference cannot be drawn up to that extent that opposite party No.1 is in adulterous relation with someone because conclusive prove of D.N.A. test is not present."

Land A Natural Resource And Public Property, State Not Allowed To Hand It Over As Largesse To Handpicked Persons: Patna High Court

Case Title: The State of Bihar and Ors. Vs. Sidharth Pratap

Citation: 2023 LiveLaw (Pat) 44

The Patna High Court in a recent judgement has observed that land being a natural resource belongs to the people and the State is not allowed to hand over this resource as largesse to its handpicked persons in violation of Article 14 and Article 39 (b) of the Constitution of India.

The court made the observation in its decision on an appeal against the order of a single judge directing the State Government to grant rights to the respondent (original writ petitioner) over the subject land on the basis of a sale deed which was executed by the lessee Narendra Nath Ghosh in 1947, to the great grandfather of the respondent.

Section 45(5A) Of Income Tax Act Inserted By Way Of An Amendment In Finance Act, 2017 Cannot Be Treated As Retrospective: Patna HC

Case Title: Pankaj Kumar vs. Commissioner of Income Tax

Citation: 2023 LiveLaw (Pat) 45

In a recent judgment, the Patna High Court has ruled that sub-section (5A) of Section 45 of the Income Tax Act, 1961, inserted by the Finance Act, 2017, has no retrospective effect.

The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad passed the above ruling while hearing a batch of writ petitions challenging the notices issued under Section 148 of the Income Tax Act, 1961. Some writ petitions also challenged the order issued under Section 144 read with Section 147 of the Act and the notice of demand issued pursuant to the assessment orders.

Patna High Court Dismisses Plea Seeking Reservation For Freedom Fighters' Grandchildren In Recruitment Of Assistants In HC

Case Title: Vikash Kumar Vs. The Hon’ble Patna High Court

Citation: 2023 LiveLaw (Pat) 46

The Patna High Court recently dismissed a petition seeking reservation for grandchildren of freedom fighters in the recruitment for the position of Assistants in the High Court.

The petition was filed by Vikash Kumar after the High Court invited online applications on 03-02-2023 from eligible candidates for appointment to 550 vacant posts of Assistants (Group B) in the Patna High Court. The advertisement detailed the available posts and the reservation provided for different categories, including Schedule Castes (SC), Schedule Tribes (ST), Extremely Backward Classes (EBC), and Economically Weaker Section (EWS). However, it did not mention any reservation for the grandchildren of freedom fighters.

Patna High Court Dismisses PIL Alleging Non-Compliance Of RTE Act By Schools In Bihar

Case Title: Prem Kumar vs. The State of Bihar and Ors.

Citation: 2023 LiveLaw (Pat) 47

The Patna High Court has dismissed a Public Interest Litigation (PIL) alleging non-compliance of the provisions of the Rights of Children to Free and Compulsory Education Act, 2009 by schools in Bihar.

The division bench comprising Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad observed that the petitioner approached the court by making vague and sweeping allegations alleging deficiencies in implementation of the RTE Act.

Child Custody Orders Not Rigid And Final, Capable Of Being Altered Keeping In Mind Needs Of Child: Patna High Court

Case Title: Ranjan Kumar Gupta vs. Puja Devi

Citation: 2023 LiveLaw (Pat) 48

The Patna High Court has said that the orders passed in cases of child custody cannot be made rigid and final and are capable of being altered, keeping in mind the needs of the child.

The court said custody orders are always considered interlocutory orders. “Under Section 26 of the Hindu Marriage Act, 1956, the Court has been empowered to pass any order or make any arrangement in respect of custody, maintenance and education of children during the pendency of the proceedings or after any decree is passed under the Act. The orders made under this section can be varied, suspended or revoked from time to time. The object of this section is to make just and proper provision for the welfare of minor child,” it said.

Patna High Court Questions State's Policy On Promotion Of Welfare Department Employees

Case Title: Rajani Kant Ojha vs. The State of Bihar and Ors

Citation: 2023 LiveLaw (Pat) 49

Observing that transferring the employee from the post of In-Charge, District Welfare Officer to the position of Block level Welfare Officer was malafide, the Patna High Court directed the State to immediately reinstate the person to the previous position and also ordered it to initiate the process of promotion as per the Cadre Rules, 2010.

"In case, the petitioner is found entitled for promotion, the same be allowed to him within a period of three months from the date of receipt/production of a copy of this order," said Justice Rajeev Ranjan Prasad.

Hope Both Centre & State Govt Expedite Process For Establishment Of Second AIIMS In Bihar: Patna High Court

Case Title: Koshi Vikas Sangharsh Morcha and Ors vs. Union of India and Ors

Citation: 2023 LiveLaw (Pat) 50

Closing proceedings in a petition seeking a second All India Institute of Medical Sciences (AIIMS) in Bihar, the Patna High Court said it hopes that both the Central Government and the State Government would expedite the process of the establishment of the hospital as the same "would definitely inure to the benefit of the residents of the Bihar and would be a major step in providing quality tertiary health care".

The court was hearing a petition filed by Koshi Vikas Sangharsh Morcha for establishment of state's second AIIMS under the Pradhan Mantri Swasthya Suraksha Yojana (PMSSY) in Saharsa district.

The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad said: "These are all policy matters where this Court would hesitate to interfere in and it involves a lot of deliberations, compliances of requirements and conditions which cannot be precipitated by issuance of a writ of mandamus."

Patna High Court Dismisses PIL Seeking Inquiry Into Alleged Malpractices In Issuance Of Ration Cards in Bihar

Case Title: Md. Ishakh vs. Union of India & Ors.

Citation: 2023 LiveLaw (Pat) 51

The Patna High Court has dismissed a Public Interest Litigation seeking an inquiry into the alleged malpractice and irregularities in issuance of Ration Cards in fictitious names in Bihar. The petitioner had placed on record certain alleged irregularities with reference to a particular dealer under the Public Distribution System and had also mentioned names of family members of certain Ration Card holders.

While referring to the provisions of the Bihar Targeted Public Distribution System (Control) Order, 2016, the division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad observed that there are adequate remedies available for inspection of fair price shops and action to be taken against the licensee in the appropriate circumstances for violation of the terms of license or unfair practices.

Police Must Mention Details Of Complainant, Gist Of Complaint In Station Diary Before Proceeding For Verification: Patna High Court

Case Title: Kumar Gaurav vs. State of Bihar & Ors.

Citation: 2023 LiveLaw (Pat) 52

The Patna High Court has said the police, before carrying out a verification exercise, must first mention the name of the complainant, his details and gist of the complaint in the station diary and then proceed for verification.

“If the police get any complaint, it should at least mention the name of the complainant, his details and a gist of the complaint in the station diary before proceeding to verify the allegations,” a bench of Justice Sandeep Kumar observed.

Patna High Court Directs District Magistrate To Conclude Enquiry Into Alleged Illegality In Bihar Cricket Association Election Within 45 Days

Case Title: Om Prakash Tiwari vs. BCCI & Ors.

Citation: 2023 LiveLaw (Pat) 53

The Patna High Court has directed the District Magistrate, Patna to conclude enquiry into the allegations of illegalities in the elections to the Bihar Cricket Association within a period of 45 days.

The court was hearing a petition seeking a direction upon the District Magistrate, Patna to conclude the enquiry as directed by the Inspector General, Prohibition, Excise and Registration, Government of Bihar relating to illegalities committed in the elections to the governing body of the Bihar Cricket Association.

Patna High Court Dismisses PIL Alleging Encroachment At Congress Maidan, Says Bihar Pradesh Congress Committee Can Approach Appropriate Forum

Case Title: Congress Maidan Bachao Samiti vs. State of Bihar & Ors.

Citation: 2023 LiveLaw (Pat) 54

Observing that it is for the Bihar Pradesh Congress Committee to fight against any encroachment of Congress Maidan, the Patna High Court has dismissed a public interest litigation filed by the Congress Maidan Bachao Samiti in this regard. The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad noted that admittedly, the Congress Maidan belongs to the Bihar Pradesh Congress Committee, in whose name the Jamabandi has also been created in the revenue records.

"We are unable to perceive any public interest being agitated specially when the property is in private ownership. It is for the owner in whose name Jamabandi has been created to fight against any encroachment and we see no reason to entertain the instant writ petition," said the court.

Forceful Seizure Of Vehicles By Recovery Agents Unconstitutional & Illegal, Compliance Of SARFAESI Act, RBI Guidelines Must: Patna High Court

Case Title: Dhananjay Seth vs. The Union of India

Citation: 2023 LiveLaw (Pat) 55

In a significant ruling, the Patna High Court has said that banks and finance companies cannot use recovery agents to forcefully seize vehicles of customers who have defaulted on car loans, without following the proper procedure under law.

The judgment was delivered by Justice Rajeev Ranjan Prasad while disposing of a batch of pleas filed by aggrieved petitioners against the action of the contesting respondents, namely, Tata Motor Finance Limited, IndusInd Bank Limited, Shri Ram Finance Company, ICICI Bank, and the State Bank of India.

Patna High Court Dismisses PIL Against Bihar Govt’s Decision To Empanel Shooters For Shooting Vermin

Case Title: Sunil Kumar vs. State of Bihar

Citation: 2023 LiveLaw (Pat) 56

The Patna High Court has dismissed a Public Interest Litigation challenging the State government’s decision to constitute a committee for the empanelment of shooters for the purpose of shooting vermin in Bihar.

The petition had further challenged the letters detailing necessary requirements for such empanelment and the method of evaluation of the shooters to be empanelled.

Power To Collect Entertainment Tax No Longer Vest In The State After 101st Amendment: Patna High Court

Case Title: M/s DEN Networks Limited Versus The State of Bihar

Citation: 2023 LiveLaw (Pat) 57

The Patna High Court has held that the power to collect entertainment tax would no longer vest in the state after the 101st Amendment. The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad has observed that the 101st Constitution Amendment Act substituted Entry 62 of List II to the extent that the power to levy and collect entertainment tax was bestowed only upon local self-government institutions and not the state.

Can't File PIL For Developing A Particular Area As Tourist Place To Generate Employment; Purely A Policy Matter: Patna High Court

Case Title: Ms. Anshuman Shreya (Advocate) In person vs. The State of Bihar

Citation: 2023 LiveLaw (Pat) 58

The Patna High Court has dismissed a petition seeking directions for development of Maa Chandika Sthan in Munger district, based on the project report prepared by the District Municipal Commissioner, and to initiate specific schemes and programmes for development of tourism in the area to generate employment opportunity and better livelihood conditions for people residing in the district.

Observing that it is State's responsibility to ensure that employment opportunities are made available for people across the state, the division bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy observed, “We do not see any public interest involved in the above prayers except for seeking employment to the locals of a particular district; which the State Government has a responsibility to seek to ensure all over the State. However, this does not come in a day, or on judicial orders issued by us.”

Patna High Court Dismisses PIL Against Memo For Transferring Affiliations Of Health Sciences Education Institutes To Bihar Health Sciences University

Case Title: Shambhu Nath Sikari vs. The State of Bihar and Ors

Citation: 2023 LiveLaw (Pat) 59

The Patna High Court has dismissed a Public Interest Litigation (PIL) seeking to set aside a memorandum issued by the Health Department of the Bihar Government requiring all governmental and non-governmental organizations to transfer their affiliation from Aryabhatt Knowledge University to Bihar Health Sciences University.

The petitioner, Shambhu Nath Sikari, alleged that the affiliation transfer was directed without providing basic and adequate infrastructure, lacking a proper roadmap, and suggested a political motive. However, the court noted the absence of any further details to support these claims.

Patna High Court Directs Bihar Chief Secretary To Monitor Revival Work Of Moti Jheel In Motihari

Case Title: Kumar Amit vs. The Union of India

Citation: 2023 LiveLaw (Pat) 60

The Patna High Court has directed the Chief Secretary to monitor the revival of Moti Jheel through an officer authorized by him.

The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad asked the Chief Secretary to authorize the officer to suitably monitor the revival work personally. The authorized officer has been directed by the court to file a report every three months before the Chief Secretary.

‘Railway Lines Cannot Be Allowed To Be Criss-Crossed And Trespassed At Every Point’: Patna High Court Dismisses PIL Seeking Level Crossing

Case Title: Ram Bahadur Pandey and Ors vs. Union of India and Ors

Citation: 2023 LiveLaw (Pat) 61

Dismissing a Public Interest Litigation (PIL) seeking a direction to the Railways to provide a level crossing facility between K.M. 14.10 and K.M. 14.11 on the Sugauli-Raxaul Railway line near Ramgarhwa Railway Station, the Patna High Court said it is not feasible for the Railways to provide level crossing at every spot where a road crosses the railway line.

The division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad further said that in fact, if blockade is created it would effectively prevent trespass and protect the villagers from loss of life due to collision by a running train.

Patna High Court Dismisses Plea Seeking Construction Of Civil Court Building In Shahpur Patori

Case Title: Rajesh Kumar Singh vs The State of Bihar and Ors

Citation: 2023 LiveLaw (Pat) 62

The Patna High Court has recently dismissed a plea seeking construction of a Civil Court building in city’s Shahpur Patori area in Samastipur district.

“We are afraid that there is no public interest discernible from the aforesaid prayers made which is almost in the nature of seeking information for which there are adequate remedies available under the Right to Information Act, 2005,” a division bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy said.

‘Shocks Judicial Mind, Not Proper For Court To Interfere With Such Policy Decisions’: Patna High Court On PILs Seeking Airport In Each District

Case Title: Nikhil Singh Vs. Union of India & Ors.

Citation: 2023 LiveLaw (Pat) 63

The Patna High Court has disposed of 31 Public Interest Litigation (PIL) petitions seeking establishment of airports in almost all districts of Bihar.

“In our opinion, the writ petitions would not be maintainable, especially as a Public Interest Litigation, since it is a purely policy matter of the respective Governments to decide on the establishment of airports, the land to be acquired and so on and so forth; wherein financial viability also becomes a very important consideration. The very claim raised in all the 31 writ petitions is to have an airport in every district of Bihar. We cannot but say, it shocks the judicial mind, especially considering the jurisdictional power to interfere in such policy matters,” said the division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad.

Patna High Court Refuses To Order CBI Probe Into Illegal Registration Of Vehicles In Bihar, Says Transport Department Taking Action

Case Title: Umesh Kumar Singh vs The State of Bihar and Ors With Prakash Kumar Bhatt vs The State of Bihar and Ors

Citation: 2023 LiveLaw (Pat) 64

The Patna High Court has refused to order a CBI probe into the alleged violations by the state transport department and the National Informatics Centre (NIC) in registration of vehicles, particularly the old BS-III vehicles.

The two PILs, which sought an investigation into the alleged corrupt practices and collusion, were disposed of by the court, expressing satisfaction with the Transport Department's action.

Trademark Infringement: Patna High Court Asks District Court To Expedite Trial In Suit Filed By Hero Cycle Against Hero Ecotech In 2014

Case Title: Hero Cycle Limited And Anr Vs. Hero Ecotech Limited And Ors

Citation: 2023 LiveLaw (Pat) 65

The Patna High Court has dismissed Punjab-based Hero Cycle Limited's petition against a Patna Court's decision to recall its order of debarring the defendants from filing written statement in a 2014 trademark infringement suit.

Justice Sunil Dutta Mishra noted that the Supreme Court, while restoring injunction granted in favour of Hero Cycle in 2016, had requested the trial court to expedite the trial and complete the same as early as possible.

Patna High Court Rejects Sherghati College's Plea For Retrospective Affiliation For 2020-21 Session

Case Title: Vijay Shankar Rai vs. The State of Bihar and Ors

Citation: 2023 LiveLaw (Pat) 66

The Patna High Court has dismissed a petition filed by the management of Prof. Vijay Shankar Rai Mahila College, Sherghati, Gaya, for retrospective affiliation of the college from the academic year 2020-21. The court also declined to issue a directive for a special examination for the students of session 2019-20.

Justice Anil Kumar Sinha said the doctrine of legitimate expectation as argued by the petitioner is not applicable in the facts of the case as there was no representation on part of the State that the college can admit students pending proposal of affiliation or recognition.

Vyapar Mandal Election Must Comply With Provisions Of Bihar Co-Operative Societies Act And Rules: Patna High Court

Case Title: Maharana Singh vs. The State of Bihar and Others

Citation: 2023 LiveLaw (Pat) 67

The Patna High Court has dismissed a writ petition filed in the form of a Public Interest Litigation (PIL) concerning the guidelines issued by the Chief Election Officer of the Bihar State Election Authority regarding the election to the Managing Committee of the Vyapar Mandal Co-operative Societies.

The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad observed, “The election to the Vyapar Mandal is required to be conducted in terms of co-operative movement under the provisions of Bihar Co-operative Societies Act and Rules framed thereunder.”

Decision On Construction Of Govt Buildings Like Panchayat Sarkar Bhawan Is State Policy, Can't Be Subject Matter Of PIL: Patna High Court

Case Title: Mahendra Singh vs The State of Bihar and Others

Citation: 2023 LiveLaw (Pat) 68

The Patna High Court has dismissed a Public Interest Litigation (PIL) that sought the issuance of a direction to construct the Panchayat Sarkar Bhawan of Gram Panchayat Raj in Amaithi, at Sasaram in the village of Masona. The petitioner, Mahendra Singh, a resident of Masona, argued that construction should be prioritized in his village due to its higher population compared to Susadi village.

The court ruled that decisions regarding the construction of government buildings, such as the Panchayat Sarkar Bhawan, are within the purview of the concerned state authorities and cannot be the subject of a PIL.

Complaint Alone Insufficient To Justify Revocation Of Arms License, Requires Evidence Of Breach In Public Peace Or Safety: Patna High Court

Case Title: Rajnish Singh @ Rajnish Kumar @ Chuhwa vs. The State of Bihar

Citation: 2023 LiveLaw (Pat) 69

Patna High Court has directed the District Magistrate, Patna to re-evaluate the cancellation of an arms license, stating that the mere existence of a complaint is insufficient grounds for revocation unless it poses a threat to public peace or safety.

The above direction was issued by Justice Harish Kumar while disposing of a writ application filed by one, Rajnish Singh, who sought to implement an order from the Divisional Commissioner, Patna Division, to reinstate the arms license.

Patna High Court Quashes Librarian's Appointment, Says Plea Of Preference To Female Candidate Has No Meaning When Others Merit Not Considered

Case Title: Rovins Kumar vs. The Lalit Narayan Mithila University, Darbhanga and Ors.

Citation: 2023 LiveLaw (Pat) 70

While interpreting a clause in the recruitment advertisement which stated that preference had to be given to female candidates, the Patna High Court observed that the plea of preference to a female candidate would have no meaning when merit of other candidates have not at all been considered and such female candidate has been directly appointed.

The court made the observation while quashing the appointment and regularization of a woman candidate on the post of Librarian in the Dr. A. P. J. Abdul Kalam Women’s Institute of Technology. The court granted the Lalit Narayan Mithila University, Darbhanga, a liberty to make fresh appointment on the post of Librarian in accordance with law and after giving opportunity to all eligible candidates.

Patna High Court Dismisses Plea Challenging Requirement To Secure Minimum 35% Qualifying Marks In Interview For Civil Judge (Junior Division) Post

Case Title: Swati Swarnim vs. The State of Bihar and Others

Citation: 2023 LiveLaw (Pat) 71

The Patna High Court has dismissed a petition challenging a rule requiring the candidates to secure minimum qualifying marks of 35 percent at the interview stage of 31st Bihar Judicial Services Examination.

The division bench of Justice Ashutosh Kumar and Justice Harish Kumar dismissed a petition filed by Swati Swarnim, a law graduate from Babasaheb Bhimrao Ambedkar Bihar University against the rule prescribing 35 percent qualifying marks at interview stage of Civil Judge (Junior Division) exam held by the by the Bihar Public Service Commission.