Patna High Court Case Commentaries

Religious Processions Are Protected but Not Absolute: Licensing, Public Order, and the “Essential Practice” Limit

Date: Aug 21, 2026

Religious Processions Are Protected but Not Absolute: Licensing, Public Order, and the “Essential Practice” Limit 1. Introduction In Bhadai Chaudhary v. The State of Bihar (Patna High Court,...

Foreign Educational Certificates for PDS Eligibility Must Be Government-Recognized in India; Foundational Eligibility Memo Must Be Challenged

Date: Aug 14, 2026

Foreign Educational Certificates for PDS Eligibility Must Be Government-Recognized in India; Foundational Eligibility Memo Must Be Challenged 1. Introduction In Samim Mansuri v. The State of Bihar...

Writ Maintainability and Fair-Process Limits on Expulsion by Private Unaided ICSE Schools

Date: Aug 12, 2026

Writ Maintainability and Fair-Process Limits on Expulsion by Private Unaided ICSE Schools: Public Law Element, Natural Justice, and Proportionality 1. Introduction Case: Satyam v. The State of Bihar...

Reference to a Division Bench on Vice-Chancellor’s “Discretion” vs Mandatory Expulsion for Impersonation under AKU Unfair Means Rules

Date: Aug 11, 2026

Reference to a Division Bench on Vice-Chancellor’s “Discretion” vs Mandatory Expulsion for Impersonation under AKU Unfair Means Rules Case: Arvind Kumar Mehta v. The State of Bihar Court: Patna High...

POCSO Presumptions Require Foundational Facts; No Retrospective Enhanced Punishment; Liberty to Invoke Section 22 for False Complaints

Date: Aug 11, 2026

POCSO Presumptions Require Foundational Facts; No Retrospective Enhanced Punishment; Liberty to Invoke Section 22 for False Complaints 1. Introduction Case: RATAN MAHTO v. The State of Bihar Court:...

Attempt to Rape (S. 376/511 IPC) Requires an Unequivocal Overt Act Beyond Molestation; Otherwise S. 354 IPC is the Proper Gravamen — Himanshu Kr. Pathak @ Mithiya Pathak v. State of Bihar (Patna HC, 09.07.2026)

Date: Jul 10, 2026

Attempt to Rape (S. 376/511 IPC) Requires an Unequivocal Overt Act Beyond Molestation; Otherwise S. 354 IPC is the Proper Gravamen Himanshu Kr. Pathak @ Mithiya Pathak v. The State Of Bihar, Patna...

Writ Maintainability Against Minority Aided Schools When Disciplinary Action Is Alleged to Breach Statutory Approval Requirements

Date: Jul 3, 2026

Writ Maintainability Against Minority Aided Schools When Disciplinary Action Is Alleged to Breach Statutory Approval Requirements 1. Introduction The Patna High Court’s decision in Abha Rani v. The...

Prospective Operation of University Tenure Statutes: No Retrospective Conversion of a Substantive Director Appointment

Date: Jul 2, 2026

Prospective Operation of University Tenure Statutes: No Retrospective Conversion of a Substantive Director Appointment Case: Dr. Ravindra Kumar Sohane v. The State of Bihar Court: Patna High Court...

Injured Informant’s Testimony Can Sustain Section 323/34 IPC Conviction Despite Hostile Witness and Prior Enmity; Section 307 Requires Proof of Intention/Knowledge

Date: Jul 2, 2026

Injured Informant’s Testimony Can Sustain Section 323/34 IPC Conviction Despite Hostile Witness and Prior Enmity; Section 307 Requires Proof of Intention/Knowledge 1. Introduction The Patna High...

PILs Challenging Tariff-Based Competitive Bidding and Power-Project Policy Decisions Require Specific, Credible Material and Demonstrable Public-Spirited Standing

Date: Jun 30, 2026

PILs Challenging Tariff-Based Competitive Bidding and Power-Project Policy Decisions Require Specific, Credible Material and Demonstrable Public-Spirited Standing 1. Introduction Case: Anmol Kumar v....

District Courts Cannot Direct CBI Investigation—And Bail Jurisdiction Cannot Be Used to Order “Independent” Enquiries

Date: Jun 16, 2026

District Courts Cannot Direct CBI Investigation—And Bail Jurisdiction Cannot Be Used to Order “Independent” Enquiries 1. Introduction In The Central Bureau Of Investigation Through H. O. B. Anti...

“Bad Work” Alone Does Not Prove Penetration: POCSO Section 4 Requires Clear Ocular or Medical Foundation

Date: May 1, 2026

“Bad Work” Alone Does Not Prove Penetration: POCSO Section 4 Requires Clear Ocular or Medical Foundation Introduction In Md. Khurshid @ Md. Khurshid Rayeen v. The State Of Bihar, the Patna High Court...

Section 107 Cr.PC Confined to Imminent Threat to Public Tranquility: Misuse for Alleged Substantive Offences/Private Fear is Without Jurisdiction and Actionable in Writ

Date: Apr 8, 2026

Section 107 Cr.PC Confined to Imminent Threat to Public Tranquility: Misuse for Alleged Substantive Offences/Private Fear is Without Jurisdiction and Actionable in Writ Case: LALAN PRASAD SINGH v....

Mere Existence of an Agreement Is Not an “Existing Commitment”: Disclosure Duty in Bid-Capacity Must Track a Subsisting, Executable Obligation

Date: Apr 3, 2026

Mere Existence of an Agreement Is Not an “Existing Commitment”: Disclosure Duty in Bid-Capacity Must Track a Subsisting, Executable Obligation Case: Gopal Kumar v. The State of Bihar Court: Patna...

Mandatory Tender Documents Cannot Be Supplemented Post-Submission: “Substantial Responsiveness” and the Non-Curability of Material Omissions

Date: Mar 25, 2026

Mandatory Tender Documents Cannot Be Supplemented Post-Submission: “Substantial Responsiveness” and the Non-Curability of Material Omissions 1. Introduction In M/s Anirudh Sarswati Construction v....

Expired Select Panels Cannot Be Revived for Fence-Sitters: Parity Is Barred by Laches and Negative Equality

Date: Mar 25, 2026

Expired Select Panels Cannot Be Revived for Fence-Sitters: Parity Is Barred by Laches and Negative Equality 1. Introduction This Letters Patent Appeal (Letters Patent Appeal No.891 of 2025) arose...

Intra‑Court Appeals Cannot Reopen Counsel’s Recorded Concession: Consent Orders and the Finality of Judicial Record

Date: Feb 24, 2026

Intra‑Court Appeals Cannot Reopen Counsel’s Recorded Concession: Consent Orders and the Finality of Judicial Record 1. Introduction Case: The State of Bihar v. Sanjay Kumar Tiwari Court: Patna High...

Dealership Eligibility: “Pendency” Does Not Disqualify Absent Framing of Charges; Advertisement Prevails Over Application Form

Date: Feb 21, 2026

Dealership Eligibility: “Pendency” Does Not Disqualify Absent Framing of Charges; Advertisement Prevails Over Application Form Case: Binod Kumar Mishra v. The Indian Oil Corporation Ltd. Regd. Office...

Delayed Challenge to Arrest/Remand and Bail Acquiescence: Compensation Claims for “Illegal Detention” Barred; Arnesh Kumar Compliance Re-emphasised

Date: Feb 14, 2026

Delayed Challenge to Arrest/Remand and Bail Acquiescence: Compensation Claims for “Illegal Detention” Barred; Arnesh Kumar Compliance Re-emphasised Case: LALLAN KUMAR YADAV v. The State of Bihar,...

PwD Reservation in Public Employment: Executive Resolutions Must Conform to Section 34(2) RPwD Act; Statutory Correction Mid-Process Is Not “Changing the Rules of the Game”

Date: Feb 13, 2026

PwD Reservation in Public Employment: Executive Resolutions Must Conform to Section 34(2) RPwD Act; Statutory Correction Mid-Process Is Not “Changing the Rules of the Game” Court: Patna High Court...