“Merely recording the submissions of the parties” is not enough: the Supreme Court has set aside three Patna High Court bail orders in a murder case in which video footage of the incident and the statements identifying the accused went unconsidered. New Delhi: Three Patna High Court bail orders in a 2024 murder case from […]
The Patna High Court set aside the refusal of bail to an accused in an NIA-prosecuted fake currency case, holding that a template arrest memo is no compliance with Article 22 and that written grounds of arrest must be furnished as a matter of course. The allegations are untested.
The Patna High Court quashed an encroachment removal notice issued to a Darbhanga resident and barred his eviction until his pending title suit is decided, holding that the Bihar Public Land Encroachment Act, 1956 is a summary remedy and cannot settle title disputes.
The Patna High Court quashed the discharge refusal and charge-framing orders against a former Anchal Adhikari of Keoti, holding that cognizance was taken without the previous sanction Section 197 CrPC requires for official acts.
The Patna High Court dismissed a wife’s appeal against a Family Court divorce decree, holding that long separation and denial of conjugal relations amounted to cruelty, and left her free to seek permanent alimony under Section 25 of the Hindu Marriage Act.
A Sasaram sessions court convicted the then Rohtas SP for contempt, imposed a fine of Re. 1 and said the training of IAS and IPS officers needs a serious overhaul.
The Patna High Court has set aside a Bhojpur Magistrate’s Section 366A cognizance order against the parents and maternal uncle of a man accused of taking away a 15-year-old schoolgirl, noting that the girl did not support the kidnapping allegation before a Magistrate and that the police had not sent the three up for trial. […]
Justice Ujjal Bhuyan of the Supreme Court said any process disenfranchising millions of citizens is intrinsically arbitrary, violates Articles 14 and 326, and that Article 326 cannot be tinkered with by any authority or condoned by any court.
The Patna High Court refused to quash the cognizance taken against an accused in a gang-rape case registered under the IPC, SC/ST Act and IT Act, holding that a two-month delay in lodging the FIR in such a case is not so extraordinary that the entire occurrence can be disbelieved.
The Patna High Court declined to entertain a borrower’s writ petition seeking a direction to Punjab National Bank to honour a Rs 25.70 lakh loan settlement, holding that a writ under Article 226 is not maintainable when an effective alternative remedy exists under the SARFAESI Act.
