#High Court of Patna

[seemabhatnagar]

"Supreme Court Quashes Coercive Bail Condition: Upholds Principles Against Monetary Recovery in Criminal Proceedings"

The Supreme Court was shocked to find that, despite its prior judgments deprecating practices, where criminal law was used as a tool for recovery of money, lower courts were still imposing conditions akin to recovery proceedings as part of bail orders.

The Supreme Court set aside the condition requiring the petitioner to pay 20% of the cheque amount, stating that it could not be sustained. However, it upheld the grant of bail with the other conditions imposed by the trial court, except for the one set aside. The special leave petition was disposed of in these terms, and all pending applications were also disposed of.

Anjali Kumari v. The State of Bihar and Another

SLP(Crl)6298/2024

Before the Supreme Court of India

Heard by Hon'ble Mr. Justice C T Ravikumar J & Hon'ble Mr. Justice Prashant Kumar Mishra J

Fact: Anjali Kumari, the petitioner, faced trial under Section 138 of the Negotiable Instruments Act, 1881, for issuing a dishonored cheque. She was initially granted anticipatory bail, but due to its violation, a non-bailable warrant was issued. The petitioner sought to recall the warrant and requested bail from the trial court. The trial court granted bail on the condition that she provide a bond of ₹20,000 with two sureties of the same amount and pay 20% of the cheque amount to the complainant on the next date.

Legal Issue : Whether the condition imposed by the trial court and upheld by the High Court, requiring the petitioner to pay 20% of the cheque amount as a precondition for bail, was legally sustainable.

Contention of the Parties :

Petitioner's Submission : The condition to pay 20% of the cheque amount was unjust and contrary to established legal principles, specifically citing the decision in "Ramesh Kumar vs. The State of NCT of Delhi" [2023 INSC 596]. It was contended that criminal proceedings should not be converted into mechanisms for monetary recovery.

Respondent's Submission: The condition was justified under the circumstances.

Court's Observation: The imposition of the condition requiring payment of 20% of the cheque amount for bail is improper. The Court reiterated that criminal law should not be used as a tool for coercive recovery of money and cited the precedent set in "Ramesh Kumar vs. The State of NCT of Delhi."

[rightnewshindi]

पटना हाई कोर्ट ने स्कूल संचालकों की दी बड़ी राहत, डीजल बसों पर लगे बैन पर लगाई अंतरिम रोक

Patna News: बिहार की राजधानी पटना में डीजल से चलने वाली स्कूल बसों पर फिलहाल बैन नहीं लगाया जाएगा। पटना हाई कोर्ट ने राज्य सरकार के आदेश पर अंतरिम रोक लगा दी है। इससे स्कूल संचालकों को बड़ी राहत मिली है। अदालत ने निजी स्कूलों के संगठन की याचिका पर सुनवाई करते हुए सोमवार को यह आदेश दिया। आदेश की कॉपी बुधवार को अपलोड की गई। इस मामले की अगली सुनवाई 7 अक्टूबर को होगी। तब तक पटना में स्कूल बसों का…

[townpostin]

Two-Member Committee Probes NIT Jamshedpur Registrar Appointment

Investigation Focuses On Alleged Violations In Dr. N.K. Rai’s 2020 Hiring Concerns raised over procedural bypasses and financial irregularities at institute. JAMSHEDPUR – A two-member inquiry committee visited NIT Jamshedpur to investigate issues surrounding the appointment of Col. (Dr.) N.K. Rai as Registrar in 2020. The probe follows concerns that Rai’s appointment violated Government of India…

[tva2022]

Patna High Court Translator Recruitment 2024

Patna High Court Translator Recruitment 2024: High Court of Judicature at Patna has released the latest notification for 60 Translators and 20 Translator cum Proof Reader via Advt. no. PHC/01/2024. Patna High Court notification has been released on 31 May 2024. The eligible candidates can apply online for the NVS LDCE Teaching Vacancy 2024 from the website starting from 31 May 2024. Read More

[alokofficial]

Patna High Court PHC District Judge Recruitment 2023|Eligibility, Application Fee, Exam Date

Patna High court phc district judge| New recruitment 2023|Alok Official नमस्ते🙏 जय हिंद🇮🇳 You are welcome on Alok Official website. New Vacancy candidate के लिए एक celebration होता है । यदि वो उसे crack कर लेता है then it becomes huge celebration for family and society. ADVERTISEMENT High Court of Judicature at patna District judge (Entry level), Direct from Bar Exam 2023 Advertisement No.…

[sarkaariresult]

Patna High Court Law Assistant Admit Card

Patna High Court Law Assistant Admit Card , If you want to check Admit Card or know complete details about this exam and many other exams, now you can SEE HERE

[naukariyojna]

Patna High Court -Notification-2023- Apply

[publictaknews]

Chakradhari Sharan Singh will be the new Chief Justice of Patna High Court

Patna High Court Chief Justice Sanjay Karol and Justice Ahsanuddin Amanullah have been appointed as judges of the Supreme Court. Received appointment letters on Saturday. Justice Chakradhari Sharan Singh will perform the duty of CJI. “In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint Justice Chakradhari Sharan Singh, senior-most…

[topsearching]

Bihar Civil Court Exam Date 2022 Clerk, Steno, Reader, Peon Admit Card

Bihar Civil Court Exam Date 2022 Clerk, Steno, Reader, Peon Admit Card

Bihar Civil Court Exam Date: Test Date for Bihar Civil Court will shortly be announced through the department. We will provide you with complete details regarding this Bihar civil court exam for the posts including Clerk Steno Reader and Peon. Bihar Civil Court Exam Date 2022 Bihar civil court will conduct the examination for various positions like Clerk Steno Reader, and Peon this year too.…

[seemabhatnagar]

High Court of Patna Reinstates Natural Justice, Awards Rs. 5 Lakhs Compensation for Wrongful Termination

The Appellant was not served with a show cause notice to defend herself violates the principles of Natural Justice hence High Court of Patna Quashed the Termination order of the Aganbari Sewika.

The termination was made solely on the grounds of pending criminal charges and the appellant was acquitted of the criminal charges therefore it is deemed inappropriate when she is acquitted.

Since the third-party interest was already created hence reinstatement was not feasible. The Court balanced the need for justice for the appellant by directing compensation instead.

Shubhadra Kumari v. The State of Bihar and 6 others

Letters Patent Appeal 828/2019

Before the High Court of Patna

Heard by Hon'ble Mr. Justice P B Bajanthri & Hon'ble Mr. Justice Alok Kumar Pandey J

Fact:

Shubhadra Kumari, was selected as an Anganbari Sevika in 2003. She was implicated in a criminal case in 2013, as such she was terminated in 2014 by the District Programme Officer (DPO) of Nalanda. Her termination was upheld by the Deputy Director (Welfare) of Patna Division in 2014. Subhadra Kumari-appellant challenged this decision before the High Court through a writ petition, which was dismissed by a Single Judge in 2019, leading to the present appeal.

Legal Issue:

Whether the termination of Shubhadra Kumari from the post of Anganbari Sevika was justified?

Points of Argument

Argument by the Appellant's Counsel:

The appellant had undergone training and had been discharging her duties satisfactorily since 2003, with no complaints regarding her absence before the criminal case.

Prior to the criminal case, she was ill and hospitalized, which justified her absence from work.

She was acquitted of the criminal charges in 2018, which should negate the basis for her termination.

The termination was carried out without serving a show-cause notice, without following proper procedures, and without giving her an opportunity to defend herself.

The termination was abrupt and lacked a proper inquiry, violating the principles of natural justice.

Respondents (State of Bihar and Others):

The termination was based on an inquiry report and due to her continuous absence from duty.

A notice was issued directing the appellant to appear and explain her absence, which could not be served due to her absence.

Given the serious nature of the criminal charges against her, the termination was deemed appropriate.

The termination was affirmed by the superior officers, indicating procedural correctness.

Court’s Observations:

No notice was served on the appellant, which is a violation of the principles of natural justice.

The court emphasized that both quasi-judicial and administrative actions must follow the principles of natural justice, ensuring fair procedures and avoiding arbitrary actions.

The court referred to Supreme Court judgments (D.K. Yadav vs. J.M.A. Industries Ltd. and State Bank of India vs. Rajesh Agarwal) that highlighted the necessity of fair play and reasonable procedures in administrative actions.

The court found that the termination was not justified solely based on the criminal charges, since the appellant was later acquitted.

[rightnewshindi]

पुर्व विधायक अनंत सिंह को पटना हाई कोर्ट ने दी बड़ी राहत, एके 47 मामले में किया बरी

पुर्व विधायक अनंत सिंह को पटना हाई कोर्ट से बड़ी राहत मिली है. अदालत ने AK 47 और बुलेट प्रूफ मामले में उन्हें बरी कर दिया है. सबूतों के अभाव में कोर्ट ने उन्हें बरी किया है. पटना सिविल कोर्ट ने इस मामले में अनंत सिंह को 10 साल की सजा सुनाई थी. 2016 से ही अनंत सिंह जेल में बंद हैं. अनंत सिंह के खिलाफ फिलहाल कोई भी मामला लंबित नहीं ह. लिहाजा अनंत सिंह आज या कल बेऊर जेल से बाहर आ जाएंगे.

[rojgarkitalash]

Patna High Court Translator Recruitment 2022

Patna High Court Translator Recruitment 2022

Patna High Court Translator Recruitment 2022: The Bihar State Government Job Updates, High Court, Patna has released the Online Application Form for the Recruitment of Translator with 39 Posts. Who Candidate are interested in the following Process of High Court Patna Online Form 2022 Notification & Complete the required the Eligibility Criteria can read the Official Notification and then Apply…

[biharjobinfo]

Patna High Court Translator Recruitment 2022 – Apply Start

पटना हाई कोर्ट में ट्रांसलेटर की 39 पदो पर भर्ती के लिए आवेदन शुरू कर दिया गया हैं यहां से ऑनलाइन आवेदन करें 👇👇

[omgindiablog]

Jama Masjid Mosque, Patna, Bihar, India: Patna historically known as Pataliputra, is the capital and largest city of the state of Bihar in India. Patna also serves as the seat of Patna High Court. The Buddhist, Hindu, and Jain pilgrimage centers of Vaishali, Rajgir, Nalanda, Bodh Gaya, and Pawapuri are nearby and Patna City is a sacred city for Sikhs as the tenth Sikh Guru, Guru Gobind Singh was born here. The modern city of Patna is mainly on the southern bank of the river Ganges. Wikipedia

[sarkaariresult]

Patna High Court Assistant Admit Card

Patna High Court Assistant Admit Card , If you want to check Admit Card or know complete details about this exam and many other exams, now you can SEE HERE