Patna High Court Monthly Digest: July 2023

Nominal Index [Citations: 2023 LiveLaw (Pat) 72-86]

Jai Kishor vs The State of Bihar 2023 LiveLaw (Pat) 72

The Registrar General, Patna High Court vs. Ram Vyas and Others 2023 LiveLaw (Pat) 73

Pranav Kumar Ghosh Vs. The Union Of India 2023 LiveLaw (Pat) 74

Virendra Thakur vs. The State of Bihar and Others 2023 LiveLaw (Pat) 75

Meena Kumari Sinha vs. The State of Bihar and Others 2023 LiveLaw (Pat) 76

Sudama Kumar vs. State of Bihar and Others 2023 LiveLaw (Pat) 77

Palak Bharti vs. The State Of Bihar and Others 2023 LiveLaw (Pat) 78

Shobha Singh vs. The State of Bihar and Others 2023 LiveLaw (Pat) 79

M/S Sangam Wires vs. The State of Bihar 2023 LiveLaw (Pat) 80

Sakindar Yada Vs. The State Of Bihar and Dr. Nagendra Kumar Vs. The State Of Bihar 2023 LiveLaw (Pat) 81

Manoj Kumar and Another vs. The State of Bihar 2023 LiveLaw (Pat) 82

Navalkishor Singh Son vs The State of Bihar And Others 2023 LiveLaw (Pat) 83

Neeta Tripathi @ Dr. Nita Tripathi Vs. State Of Bihar 2023 LiveLaw (Pat) 84

SK vs. RD 2023 LiveLaw (Pat) 85

Income Tax Officer vs. Indian Oil Corporation Ltd. 2023 LiveLaw (Pat) 86

Judgments/Orders This Month

Patna High Court Commutes Death Penalty Of 26-Year-Old Convicted For Murder, Rape Of Minor; Sentences Him To Life Imprisonment

Case Title: Jai Kishor vs The State of Bihar

Case Citation: 2023 LiveLaw (Pat) 72

The Patna High Court has commuted the death penalty awarded to a 26-year-old in a case of rape and murder to life imprisonment with no premature release or remission before undergoing actual imprisonment for a period of 25 years.

“In the present case, the appellant, on the date of filing of the appeal in 2021, was 24 years. He has a family with his wife and two infants, as has emerged from the materials on record. There is nothing on record to demonstrate that he has any criminal antecedent. Further, there is nothing against him as regards his jail conduct,” said the court.

'Temporary Employee With Over 15 Years Of Continuous Service Eligible For Pension': Patna High Court

Case Title: The Registrar General, Patna High Court vs. Ram Vyas and Others

Case Citation: 2023 LiveLaw (Pat) 73

Observing even if an employee has served in a temporary capacity without confirmation, their service can be considered for pension benefits if it is continuous and exceeds 15 years, the Patna High Court has dismissed an appeal filed by its Registrar General against a single judge's ruling.

The single judge had asked the high court to consider an Ex-Cadre Assistant's period of temporary service for release of pension.

Srijan Scam: Patna High Court Rejects Bail Plea Of Accused In Money Laundering Case

Case Title: Pranav Kumar Ghosh Vs. The Union Of India

Case Citation: 2023 LiveLaw (Pat) 74

The Patna High Court has rejected the bail application of Pranav Kumar Ghosh, an accused in a money laundering case related to the "Srijan Scam". Ghosh, a former Secretary of Srijan Mahila Vikas Sahyog Samiti Limited (SMVSSL), was arrested in 2021.

The predicate offences relate to alleged fraudulent transfers and misappropriation of huge sums of government money under a conspiracy between government officials, bank employees and office bearers and members of SMVSSL.

Patna High Court Imposes Rs 50,000 Cost On Siwan District Administration For Non-Compliance Of Order Passed In 2017

Case Title: Virendra Thakur vs. The State of Bihar and Others

Case Citation: 2023 LiveLaw (Pat) 75

The Patna High Court has imposed a cost of Rs 50,000 on the Siwan district administration for non-compliance of a 2017 court order, and has directed that the amount be deposited into the Prime Minister's Relief Fund within two months.

“Instead of framing charges in the contempt proceedings, we proposed to impose a cost of Rs. 50,000/-, it is quantified in view of delay in implementation of the Court's Order for about six years. The cost shall be remitted in the Prime Minister’s Relief Fund within a period of 2 months. The same shall be reported in the Registry of this Court. For compliance of the remaining portion of the order, further four months’ time is granted,” the division bench of Justice P. B. Bajanthri and Justice Jitendra Kumar ordered.

Patna High Court Orders Bihar Sharif Municipal Corporation To Pay Rs 50, 000 Compensation For Illegal Demolition Of Boundary Wall

Case Title: Meena Kumari Sinha vs. The State of Bihar and Others

Case Citation: 2023 LiveLaw (Pat) 76

The Patna High Court has dismissed a Public Interest Litigation (PIL) alleging illegal construction within the 100-meter radius of the Bodhgaya Temple, which was declared a World Heritage Site UNESCO in 2001. "It is trite law that there cannot be repeated petitions filed for the very same relief before the High Court; even when it is in public interest, especially by the very same petitioner," the division bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy said.

Patna High Court Dismisses PIL Alleging Illegal Construction Near Bodhgaya Temple, Says Plea 'Bereft Of Any Material Particulars'

Case Title: Sudama Kumar vs. State of Bihar and Others

Case Citation: 2023 LiveLaw (Pat) 77

The Patna High Court has dismissed a Public Interest Litigation (PIL) alleging illegal construction within the 100-meter radius of the Bodhgaya Temple, which was declared a World Heritage Site UNESCO in 2001.

"It is trite law that there cannot be repeated petitions filed for the very same relief before the High Court; even when it is in public interest, especially by the very same petitioner," the division bench of Chief Justice K. Vinod Chandran and Justice Partha Sarthy said.

Can Children Be Given SC Status Just Because Their Father Post-Marriage Shifted To SC Colony With Their Mother? Patna High Court Rejects Plea

Case Title: Palak Bharti vs. The State Of Bihar and Others

Case Citation: 2023 LiveLaw (Pat) 78

​​The Patna High Court has upheld the decision of the State Election Commission, Bihar, to disqualify a candidate who despite belonging to a Scheduled Tribe had contested from a seat reserved for Scheduled Castes.

The court said that only members of the community for which seats are reserved can contest elections on those specific seats. “As she belongs to ‘Tharu’ caste under Scheduled Tribe category by virtue of her father being a ‘Tharu’ caste, she was not entitled to file nomination for a seat which is reserved for Scheduled caste female,” said the bench of Justice Rajiv Roy.

Renewal Of Stage Carriage Permit Cannot Be Rejected Solely Due To Family Members' Dues: Patna High Court

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

Case Citation: 2023 LiveLaw (Pat) 79

The Patna High Court has said that a person cannot be held responsible for any dues owed by their family members while seeking the renewal of a permanent stage carriage permit. Justice A Abhishek Reddy said, "it is made clear that the renewal of the permit of the petitioner cannot be rejected on the sole ground that any of the family members are due some amount."

No Penalty Under Section 129(3) Of CGST Act Could Be Imposed Without Providing A Hearing Opportunity U/S 129(4) Of The Act

Case Title: M/S Sangam Wires vs. The State of Bihar

Case Citation: 2023 LiveLaw (Pat) 80

While observing that a petitioner’s response to the show cause is required to be considered after due opportunity of hearing, in accordance with the statutory provisions, the Patna High Court has overturned the penalty imposed on a petitioner for moving goods without a valid e-way bill. The Court ruled that no penalty under Section 129(3) of the Central Goods and Services Tax (CGST) Act could be imposed without providing a hearing as prescribed under Section 129(4) of the Act.

Non-Determination Of Age As Per Section 34(2) Of POCSO Act Causes Prejudice To Fair Trial, Benefit Should Certainly Go To Accused: Patna High Court

Case Title: Sakindar Yada Vs. The State Of Bihar and Dr. Nagendra Kumar Vs. The State Of Bihar

Case Citation: 2023 LiveLaw (Pat) 81

Citing the failure to establish the age of the minor victim, the Patna High Court has acquitted two accused, who were convicted under the Protection of Children from Sexual Offences (POCSO) Act in 2017.

“Establishing the minority of the victim child is a condition precedent to proceeding with a case under the POCSO Act. However, in the present case, there is no such finding by the learned trial court regarding whether the victim was a child at the time of the alleged occurrence. Non-compliance with such procedural requirements amounts to a failure of justice, and the benefit should certainly go in favor of the accused,” the bench of Justices Sudhir Singh and Chandra Prakash Singh held.

Patna High Court Orders Bihar School Examination Board To Pay Rs 2 Lakh Compensation To Student Wrongly Declared 'Fail' In Sanskrit Paper

Case Title: Manoj Kumar and Another vs. The State of Bihar

Case Citation: 2023 LiveLaw (Pat) 82

The Patna High Court has directed the Bihar School Examination Board to pay a monetary compensation of Rs 2 Lakh to a girl who was wrongly declared 'fail' in a paper of the Secondary School Examination, 2017 (Annual) conducted by the Bihar School Examination Board.

“In the totality of the facts and circumstances of the case, considering the fact that the petitioner no. 2 being a girl student who had in fact passed her matriculation examination in 1st division but because of the irresponsible act of the Board and its officials, she has suffered in her life and has lost her valuable time and studies which cannot be otherwise compensated, this Court directs the Board to pay a sum of Rs.2 lakhs to the petitioner no. 2 as compensation and Rs. 25,000/- as cost of litigation,” ordered Justice Rajeev Ranjan Prasad.

Patna High Court Censures Darbhanga Sanskrit University VC For Denial Of Retiral Benefits To Former Night Guard

Case Title: Navalkishor Singh Son vs The State of Bihar And Others

Case Citation: 2023 LiveLaw (Pat) 83

The Patna High Court has directed the Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar to clear the retiral dues of a former employee within a period of six weeks. Justice Purnendu Singh ordered the Vice-Chancellor and Registrar of the University to make payment of all the retiral dues including pension along with statutory interest admissible to the former Night Guard in accordance with law within a period of six weeks.

Patna High Court Quashes Criminal Proceedings Against Doctor In 2012 Case, Says 'Mens Rea' Is A Must For ‘Negligence’ To Amount To Offence

Case Title: Neeta Tripathi @ Dr. Nita Tripathi Vs. State Of Bihar

Case Citation: 2023 LiveLaw (Pat) 84

The Patna High Court has quashed the proceedings in a criminal case against a doctor, who was accused of negligence during a hysterectomy in 2012. Justice Prabhat Kumar Singh, observed, “There is difference between ‘Negligence’ and ‘Criminal Negligence’ and it is only criminal negligence which can be tried by a criminal court. For ‘Negligence’ to amount to offence, element of mens rea must exist. So long doctor follows practice acceptable to medical profession of that day, he cannot be held liable for negligence.”

Inability To Bear A Child Is Part Of Marital Life, Not A Ground For Dissolving Marriage: Patna High Court

Case Title: SK vs. RD

Case Citation: 2023 LiveLaw (Pat) 85

While dismissing a man's revision plea against the Family Court's rejection of his matrimonial case for divorce under Section 13 of the Hindu Marriage Act, the Patna High Court said the inability to bear a child is not a valid ground for dissolving a marriage.

The court noted that it appears since the wife is having a cyst in her uterus and is unable to bear child, the husband wants to divorce her to get remarried with another woman so that he can have a child. The division bench of Justice Jitendra Kumar and Justice P. B. Bajanthri said that developing any disease during the continuation of marriage is not within the control of any spouse.

Revenue Needs To Be Consistent, Can’t Accept Proposition In One Case And Challenge In Another : Patna High Court

Case Title: Income Tax Officer vs. Indian Oil Corporation Ltd.

Case Citation: 2023 LiveLaw (Pat) 86

The Patna High Court has upheld the principle of consistency in taxation matters, asserting that the Revenue cannot challenge a declaration of law accepted in one case while challenging its correctness in another case without just cause.

Quoting several judgments of the Apex Court, the Court held, "The established principle is that, if the Revenue has not challenged a declaration of law laid down by a High Court and accepted it in the case of one assessee, then it is not open to the Revenue to challenge its correctness in the case of other assessees, without just cause."