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  • Commentaries
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Patna High Court Case Commentaries

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

“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

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

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

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

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

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

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

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”

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...
Defective Investigation and FIR-Delay/Ante-Timing Objections Do Not Vitiate a Proven Murder Case; Death Sentence Confirmed for Brutal Triple-Murder in a Joint Household

Defective Investigation and FIR-Delay/Ante-Timing Objections Do Not Vitiate a Proven Murder Case; Death Sentence Confirmed for Brutal Triple-Murder in a Joint Household

Date: Jan 23, 2026
Defective Investigation and FIR-Delay/Ante-Timing Objections Do Not Vitiate a Proven Murder Case; Death Sentence Confirmed for Brutal Triple-Murder in a Joint Household Case: THE STATE OF BIHAR v....
Composite Major–Minor Penalty in One Order Is Impermissible: Severability and Sustaining Only the Major Penalty

Composite Major–Minor Penalty in One Order Is Impermissible: Severability and Sustaining Only the Major Penalty

Date: Jan 14, 2026
Composite Major–Minor Penalty in One Order Is Impermissible: Severability and Sustaining Only the Major Penalty Case: Manoj Kumar Sudhanshu, Dy. S.P., Batch- 45th v. The State of Bihar Court: Patna...
No Deemed Guilt for SHOs on Illicit Liquor Seizures: Commentary on Bhola Kumar Singh v. State of Bihar

No Deemed Guilt for SHOs on Illicit Liquor Seizures: Commentary on Bhola Kumar Singh v. State of Bihar

Date: Dec 13, 2025
No Deemed Guilt for SHOs Merely from Illicit Liquor Seizures in Their Jurisdiction: Commentary on Bhola Kumar Singh v. State of Bihar, Patna High Court (10.12.2025) I. Introduction The Patna High...
Overriding Effect of the Family Courts Act over Section 34 of the Specific Relief Act in Matrimonial Declarations: Commentary on Anjani Kumar @ Pappu Kumar v. Mamta Bharti

Overriding Effect of the Family Courts Act over Section 34 of the Specific Relief Act in Matrimonial Declarations: Commentary on Anjani Kumar @ Pappu Kumar v. Mamta Bharti

Date: Dec 6, 2025
Overriding Effect of the Family Courts Act over Section 34 of the Specific Relief Act in Matrimonial Declarations Commentary on: Anjani Kumar @ Pappu Kumar v. Mamta Bharti & Anr Patna High Court,...
Foundational Facts, Child Witness Competency and the Limits of Section 29 POCSO Presumption: Commentary on Jai Krishna Yadav v. State of Bihar

Foundational Facts, Child Witness Competency and the Limits of Section 29 POCSO Presumption: Commentary on Jai Krishna Yadav v. State of Bihar

Date: Dec 1, 2025
Foundational Facts, Child Witness Competency and the Limits of Section 29 POCSO Presumption: Commentary on Jai Krishna Yadav v. State of Bihar 1. Introduction The Division Bench of the Patna High...
Parity and Prolonged Custody Do Not Dilute the UAPA Bail Bar: Commentary on Anwar Rashid v. Union Bank of India (NIA)

Parity and Prolonged Custody Do Not Dilute the UAPA Bail Bar: Commentary on Anwar Rashid v. Union Bank of India (NIA)

Date: Nov 25, 2025
Parity and Prolonged Custody Do Not Dilute the UAPA Bail Bar: A Commentary on Anwar Rashid v. The Union Bank of India through National Investigation Agency I. Introduction The Patna High Court’s...
Retrospective Parity in Additional Salary for Vigilance Police Personnel: Commentary on The State of Bihar v. Satya Narayan Ram (Patna High Court, 19 November 2025)

Retrospective Parity in Additional Salary for Vigilance Police Personnel: Commentary on The State of Bihar v. Satya Narayan Ram (Patna High Court, 19 November 2025)

Date: Nov 20, 2025
Retrospective Parity in Additional Salary for Vigilance Police Personnel Commentary on The State of Bihar v. Satya Narayan Ram, Patna High Court, LPA No. 485 of 2022 (Judgment dated 19 November 2025)...
Speculative Apprehension and Multiple FIRs Cannot Defeat Statutory Presumption of Bail for Juveniles: Commentary on Banti Kumar @ Aryan Raj @ Hunter Yadav v. State of Bihar

Speculative Apprehension and Multiple FIRs Cannot Defeat Statutory Presumption of Bail for Juveniles: Commentary on Banti Kumar @ Aryan Raj @ Hunter Yadav v. State of Bihar

Date: Nov 19, 2025
Speculative Apprehension and Multiple FIRs Cannot Defeat Statutory Presumption of Bail for Juveniles under Section 12 JJ Act, 2015 – Commentary on Banti Kumar @ Aryan Raj @ Hunter Yadav v. State of...
When Section 60 Cannot Apply: Patna High Court’s Writ Power to Release Vehicles Not Used in Prohibition Offences

When Section 60 Cannot Apply: Patna High Court’s Writ Power to Release Vehicles Not Used in Prohibition Offences

Date: Nov 11, 2025
When Section 60 Cannot Apply: Patna High Court’s Writ Power to Release Vehicles Not Used in Prohibition Offences I. Introduction The decision in Karnal Kumar v. State of Bihar through the Principal...
Mandatory Age Determination under JJ Act and the Limited Scope of Appeals Against Acquittal in POCSO Cases: Commentary on Annapurna Jajodiya v. State of Bihar

Mandatory Age Determination under JJ Act and the Limited Scope of Appeals Against Acquittal in POCSO Cases: Commentary on Annapurna Jajodiya v. State of Bihar

Date: Nov 4, 2025
Mandatory Age Determination under the Juvenile Justice Act and the “Possible View” Test in Appeals Against Acquittal in POCSO Prosecutions: A Commentary on Annapurna Jajodiya v. State of Bihar, Patna...
Anticipatory Bail Remains Maintainable Despite Proclamation under BNSS Sections 84/85: Patna High Court’s “Serious Consideration, Not Embargo” Standard

Anticipatory Bail Remains Maintainable Despite Proclamation under BNSS Sections 84/85: Patna High Court’s “Serious Consideration, Not Embargo” Standard

Date: Aug 28, 2025
Anticipatory Bail Remains Maintainable Despite Proclamation under BNSS Sections 84/85: Patna High Court’s “Serious Consideration, Not Embargo” Standard Introduction This commentary analyzes the...
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