Patna High Court Weekly Round-Up: November 20 To November 26, 2023

Dasrath Ram Vs. The State Of Bihar 2023 LiveLaw (Pat) 132

Rakesh Kumar Alias Rakesh Kumar Singh Alias Raku vs. The State of Bihar and Others 2023 LiveLaw (Pat) 133

M/s. Vishwanath Iron Store vs. The Union of India LL Citation: 2023 LiveLaw (Pat) 134

M/s Punit Kumar Choubey vs. The Commissioner, Commercial Tax, and Others 2023 LiveLaw (Pat) 135

Satyamanu Kumar Singh vs. The State of Bihar 2023 LiveLaw (Pat) 136

Sanjeev Kumar vs. The State Of Bihar 2023 LiveLaw (Pat) 137

Ravi Kant vs. Bandana Kumari 2023 LiveLaw (Pat) 138

RADHESHYAM SAH @ RADHE SHYAM SAH vs THE STATE OF BIHAR 2023 LiveLaw (Pat) 139

Judgements/Orders This Week

Patna High Court Acquits Man In 18-Yr-Old Murder Case, Says Questions Put To Accused U/S 313 CrPC Can't Be Mere Formality

Case Title: Dasrath Ram Vs. The State Of Bihar

LL Citation: 2023 LiveLaw (Pat) 132

In a notable development, the Patna High Court has acquitted a man, who had been convicted and sentenced in connection with a murder case dating back 18 years citing procedural lapses and failure on the part of the prosecution.

The Court, while expressing concern over the lack of diligence in the trial court's proceedings, observed that the examination of the accused under Section 313 of the CrPC, a crucial stage where the court elucidates incriminating materials, was treated as a mere formality.

Bihar Prohibition and Excise Act | Owner Of Leased Premises Can’t Be Held Responsible Unless Corroborative Evidence Proving Direct Involvement Exists: Patna High Court

Case Title: Rakesh Kumar Alias Rakesh Kumar Singh Alias Raku vs. The State of Bihar and Others

LL Citation: 2023 LiveLaw (Pat) 133

The Patna High Court has ruled that the seizure of an entire hotel due to the discovery of liquor on its premises is deemed unjust and illegal if the property owner is not implicated in the alleged offense. The court further said that the arbitrary assumption of the hotel owner's involvement in a liquor-related crime by excise authorities, solely based on the lease being unregistered, is unfounded. Consequently, the court nullified the confiscation order, deeming it unlawful.

Parties Cannot Deem SGST And CGST As IGST Without Compliance With Taxation Enactment Provisions: Patna High Court

Case Title: M/s. Vishwanath Iron Store vs. The Union of India

LL Citation: 2023 LiveLaw (Pat) 134

The Patna High Court has dismissed the writ petition filed by Vishwanath Iron Store, a partnership firm registered under the Bihar State Goods and Services Tax Act, seeking correction of a GST invoice for the purpose of availing input tax credit, while stating Understanding between parties cannot supersede the provisions of taxation laws.

Chief Justice K. Vinod Chandran and Justice Rajiv Roy noted, “In the present case, the petitioner is a dealer registered under the BGST Act and the sale was effected from the State of Jharkhand. However, there is absolutely nothing to prove the movement of goods to the State of Bihar. The mere statement of the Railways that the invoice issued should be deemed to have been issued under the IGST Act, cannot enable the petitioner to seek input tax credit. The transaction between the Railways and the petitioner would not regulate the tax liability and in any event, the tax levied and collected as CGST and SGST would have been credited to the respective head of account.”

Petitioner Failed To Avail Appeal Remedy, Can’t Invoke Of The Extraordinary Jurisdiction: Patna High Court

Case Title: M/s Punit Kumar Choubey vs. The Commissioner, Commercial Tax, and Others

LL Citation: 2023 LiveLaw (Pat) 135

The Patna High Court recently ruled on a writ petition challenging an assessment order and the rejection of an appeal based on the limitation ground. The Court stated that the petitioner by his own failure had not availed the appellate remedy and in that circumstance, there can be no invocation of the extraordinary jurisdiction under Article 226 of the Constitution of India.

The Court clarified that when a specific period for delay condonation is provided, there can be no extension by the Appellate Authority or the Court under Article 226 of the Constitution.

Victim's Statement U/S 164 CrPC Can Be Used For Corroboration, Cannot Be Sole Basis For Conviction: Patna High Court Acquits Rape Accused

Case Title: Satyamanu Kumar Singh vs. The State of Bihar

LL Citation: 2023 LiveLaw (Pat) 136

The Patna High Court recently acquitted a rape accused, observing that the statement of the victim recorded under Section 164 of the Criminal Procedure Code (CrPC) cannot be the sole basis for conviction.

A Division Bench of Justice Chakradhari Sharan Singh and Justice Gunnu Anupama Chakravarthy observed, “Though, accused is capable of doing sexual act, that itself cannot prove the guilt for the charged offences. In the absence of the substantive oral evidence corroborated with medical evidence, it can be construed that the appellant shall presumed to be innocent of the charged offences.”

Investigative Perfunctoriness Not Grounds For Case Dismissal, Specially In View Of Clear And Cogent Evidence Of Victim Herself: Patna High Court Upholds Verdict in Conviction of Father for Rape of Minor Daughter

Case Title: Sanjeev Kumar vs. The State Of Bihar

LL Citation: 2023 LiveLaw (Pat) 137

In a recent ruling, the Patna High Court while dismissing the appeal filed by a man convicted of raping his minor daughter, observed that prosecution case cannot be completely discarded merely because the investigation was perfunctory when there is clear and cogent evidence of the victim herself.

The Division Bench comprising of Justice Ashutosh Kumar and Justice Alok Kumar Pandey observed, “We further find that there was no purpose of his seizing the clothes of the appellant, when it was no sent for forensic examination ever. Perhaps, the Investigator did not consider any one of these to be important while investigating such a serious charge. But as is well settled, merely because an investigation is perfunctory, that is no ground to completely discard the prosecution case, specially in view of the clear and cogent evidence of the victim herself.”

Patna High Court Annuls Hindu Marriage Noting Man Was Forced To Apply Sindur At Gunpoint, Emphasizes Saptapadi Significance

Case Title: Ravi Kant vs. Bandana Kumari

LL Citation: 2023 LiveLaw (Pat) 138

In a significant judgement, the Patna High Court has ruled that the mere application of sindoor (vermilion) on a woman's forehead under coercion does not constitute a valid marriage under Hindu law. The Court emphasized that a Hindu marriage must be consensual and involve the customary 'saptapadi,' where the bride and groom complete seven rounds around a sacred fire for the union to be deemed binding.

The division bench, comprising Justices P B Bajanthri and Arun Kumar Jha, observed, "From bare perusal of the aforesaid provision, it is obvious that when such rites and ceremonies including Saptapadi the marriage becomes complete and binding, when seventh step is taken. Conversely, if ‘saptapadi’ has not been completed, the marriage would not be considered to be complete and binding."

Section 34(2) POCSO Act | Trial Court Bound To Determine Victim's Age: Patna High Court

Case Title: Case Title: RADHESHYAM SAH @ RADHE SHYAM SAH vs THE STATE OF BIHAR

LL Citation: 2023 LiveLaw (Pat) 139

The Patna High Court has emphasized that Trial Courts must determine the age of the victim in accordance with Section 34(2) of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Court gave the above ruling while allowing an appeal filed by rape accused against the judgment of conviction passed by the Additional Sessions Judge.

A Division Bench comprising Justices Chakradhari Sharan and Nawneet Kumar Pandey observed, “As per Section 34(2) of the POCSO Act, the age of the victim must be determined by the trial court. This mandatory provision was not adhered to by the learned trial court.”

Other Developments

PIL In Patna High Court Challenges Bihar Law Increasing Reservation To 65%; Says SEBC Quota Need Not Be Proportionate To Population

A Public Interest Litigation (PIL) has been filed in the Patna High Court challenging the recent amendment passed by the Bihar Legislature to increase the reservation for Backward Classes, Extremely Backward Classes, Scheduled Castes, and Scheduled Tribes from the existing 50% to 65%.

The petition challenges constitutional validity of the Bihar Reservation (for Scheduled Castes, Scheduled Tribes, and Other Back Classes) (Amendment) Act, 2023, and the Bihar (in admission in educational institutions) Reservation (Amendment) Act, 2023. As an interim relief, the petitioner also seeks the stay of these enactments.