BiharWatch-Journal of Justice, Jurisprudence and Law
BiharWatch-Journal of Justice, Jurisprudence and Law is an initiative of Jurists Association (JA), East India Research Council (EIRC), Centre for Economic History and Accountability (CEHA) and MediaVigil. It publishes research on diverse notions of justice and the performance of just and unjust formal and informal anthropocentric institutions and their design crisis with reference to the first principle. Editor:mediavigil@yahoo.co.in
Friday, May 22, 2026
We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself: Lord Denning
Thursday, May 21, 2026
Supreme Court reverses order by Justice Rajiv Roy who had declined extension of bail for non-disclosure of criminal antecedant at the outset
In Ritesh Kumar @ Ritesh Kumar Mahto @ Ritesh vs. The State of Bihar (2026), Supreme Court's Division Bench of Justices J.K Maheshwari and Atul S. Chandurkar passed an order dated May 21, 2026, wherein, it condoned the delay. The order noted:"....it is seen that first modification application was filed to indicate that he has criminal antecedents. 2 . Thereafter another application was filed for extension of period to furnish the bail bonds in the Criminal Miscellaneous No. 36600 of 2025. The High Court in first application only took the fact on record but not granted extension, however, the subsequent application was rejected." Supreme Court concluded: "In our view, after grant of the bail, the High Court may have granted extension after taking the fact of antecedents on record. 3. In this view of the matter, we dispose of this special leave petition with a direction that in furtherance to the order dated 16.09.2025 passed by the High Court granting anticipatory bail, the bail bonds be furnished now within two weeks from today."
Prior to this, in Ritesh Kumar @ Ritesh Kumar Mahto @ Ritesh vs. The State of Bihar (2026) Criminal Miscellaneous No. 24937 of 2026, Justice Rajiv Roy of Patna High Court passed a 2-page long order dated April 10, 2026. The order reads:"2 . The petitioner was granted relief on 16.09.2025. However, he could not surrender as in the petition it was recorded that he has no criminal antecedent whereas the petitioner was having criminal antecedent. In that background, the earlier modification petition (Cr. Misc. No. 954 of 2026) was rejected on 30.01.2026. 3. Once again, a fresh modification petition has been filed with following prayer:“for extension of time in the order dated 16.09.2025 vide Cr. Misc. No. 36600 of 2025.” 4. It is again rejected in view of the earlier rejection dated 30.01.2026 with a cost of Rs. 500/- to be deposited with the Patna High Court Legal Services Committee."
Justice Roy's earlier order dated January 30, 2026 reads: "2. The present application has been preferred for
modification in Cr. Misc. No. 36600 of 2025 vide an order dated 16.09.2025, the order contains the statement of having no criminal antecedent in paragraph nos. 5 and 7 which is a factual error committed due to our hearing negligence. 3. On 16.09.2025, the Cr. Misc. No. 36600 of 2025 (Ritesh Kumar vs. State of Bihar) was allowed and grounds amongst other was that main allegation is against Saurabh, the petitioner has been shown to be friend and he do not have criminal antecedent. 4. By filing the modification petition, the petitioner now wants correction in paragraph 5 and 7 of the said order and learned counsel for the petitioner submits that he has criminal antecedent. 5. Learned APP, Mr. Jitendra Kumar Singh submits that paragraph 3 of the main petition shows that the petitioner do not have criminal antecedent. 6. Considering the aforesaid fact, as recorded, no relief can be granted. 7. The Cr. Misc. No. 954 of 2026 is dismissed."
Earlier, in Ritesh Kumar @ Ritesh Kumar Mahto @ Ritesh vs. The State of Bihar (2025) Criminal Miscellaneous No.36600 of 2025, Patna High Court's Justice Rajiv Roy passed a 3-page long order dated September 16, 2025, wherein, he concluded:"7. The allegation is there, it is mainly against Saurabh, the petitioner has been shown to be the friend, the girl has not stated anything about the sexual assault on her, he is only twenty years of age having no criminal antecedent, FIR is there and he shall be facing the music, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions. 8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge VII-cum-Spl. Court (POCSO), Purnia in connection with Raghuvansh Nagar P.S. Case No. 19 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide; (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds."
The petitioner had approached the High Court apprehending his arrest in connection with a Raghuvansh Nagar P.S. Case No. 19 of 2025 for the offence under sections 137(2), 96 and 3(5) of the BNS lodged on March 13, 2025 by the informant, Raj Kishore Kumar Dinkar. Earlier, by his order dated June 5, 2025, Justice Partha Sarthy had called for legible photocopy of the case diary and statement of the victim recorded under section 183 BNSS in connection with Raghuvansh Nagar P.S Case no.19 of 2025 from the Court of Additional Sessions Judge-VII-cum-Special Court (POCSO), Purnea.
As per the prosecution story, the informant had alleged that while his minor daughter was going to coaching center, the named accused persons including the petitioner took her away for marriage purposes. This led to the FIR. As the story unfolds, the victim girl returned and supported the allegation made in the FIR. The petitioner's senior counsel submitted that allegation was that one Saurabh Kumar wanted to marry the girl and only to implicate, his friends were named. The petition was a student having no criminal antecedent and is only twenty years of age. Asha Kumari, the APP had opposed the prayer submitting that the petitioner was also named by the informant as also the girl upon return.
Unregistered Will is not invalid: Supreme Court
In Parvathi Nairthi (D) vs. Laxmi Nairthy (D) 2026 INSC 521, Supreme Court's Division Bench of Justices Ujjal Bhuyan and Vijay Bishnoi passed a 28-page long judgement dated May 21, 202, wherein, it concluded:"....we are of the view that mere non-compliance with Order XLI Rule 31 of CPC may not vitiate the judgment and make it wholly void and may be ignored if there has been substantial compliance with it and the rule should not be interpreted technically to compromise substantial justice. The findings in the decision passed by the First Appellate Court have properly scrutinised the evidence on record, even if the points of consideration are general, and thus, the same does not suffer from any illegality." It added:".... this Court in Ayaaubkhan Noorkhan Pathan v. State of drew on Court's decision in Maharashtra and Others (2013) 4 SCC 465 has categorically held that an affidavit is not an “evidence” within the meaning of Section 3 of the Indian Evidence Act, 1872 and the same can be used as “evidence” only if, for sufficient reasons, the Court passes an order under Order XIX of CPC and thus, the filing of an affidavit cannot be regarded as sufficient evidence for any Court or Tribunal, on the basis of which it can come to a conclusion as regards a particular fact situation. However, in a case where the deponent is available for cross-examination, andopportunity is given to the other side to cross-examine him, the same can be relied upon. In the present case, it is also important to note that those affidavits were filed even prior to the filing of the written statement, and the same has been rightly dealt by all the Courts, which questioned as to how the witnesses came to know about the enquiry regarding the validity of the Will despite no notice having been issued by the Court calling upon them to submit such affidavits. Thus, in view of the same, the affidavits filed by the attesting witnesses to the Will cannot be relied upon."
The judgement reads: "31. The contention of the Appellants that there was an unexplained delay of 7 years in producing the Will after the death of the testator is liable to be rejected. The said contention has been considered by all the Courts, which concurrently held that the Plaintiff had already given a representation before the Tehsildar, Udupi vide notice dated 10.02.1984 to mutate her name, and the said notice was received by the concerned authorities as evidenced by the postal certificate. Although, there was no material which disclosed that the Plaintiff had produced the copy of the Will before the concerned authority, but the said notice itself disclosed all relevant facts, including the execution of the Will in favour of the Plaintiff, without any delay. All the Courts have duly examined the said issue thoroughly and have recorded concurrent findings and thus, we are also in conformity with the same. As regards the contention of the Appellants that they had obtained mutation entries in the year 1984, it is well settled that such mutation entries do not confer title and it is effected merely for fiscal purposes, namely, to enable the State to realize tax from the person whose name is recorded in the revenue records, as held in Balwant Singh And Another v. Daulat Singh (Dead) By LRs. And Others (1997) 7 SCC 137. Also, the contention that the Will is unregistered has no significant bearing on its validity, as this Court in the case of Ishwardeo Narain Singh v. Kamta Devi And Others (1953) 1 SCC 295 has clearly held that:-6'. …There is nothing in law which requires the registration of a will and wills are in a majority of cases not registered at all. To draw any inference against the genuineness of the will on the ground of its non-registration appears to us to be wholly unwarranted.'"
There is no need to register a will. People unnecessarily register it thinking that it is necessary to validate the will. The law of will is crystal clear that will is valid without any registration. The law treats unregistered and registered Will at par.
Wednesday, May 20, 2026
Sakali Devi is alive, High Court accepts apology of Rakesh Kumar Sharma, SHO, Tajpur Police Station, SP, Samastipur who reported her to be dead
In Sakali Devi vs. The State of Bihar & Anr. (2026), Patna High Court's Division Bench of Chief Justice S K Sahoo and Justice Harish Kumar passed a 12-page long judgment dated May 12, 2026 dealt with an error in reporting death appellant. The core legal dispute was the erroneous abatement of a criminal appeal based on an incorrect police report stating the appellant, Sakali Devi, had died. The respondent no. 2 was Ashok Kumar Singh, Nikaspur, Tajpur, Distt.- Samastipur.
The application was filed by Sakali Devi to recall the abatement order and restore her appeal, arguing that she was alive. The court ruled to restore the appeal because the report of the appellant's death, which led to the abatement, was factually incorrect. The police officials responsible for the erroneous report admitted their mistake, tendered unconditional apologies, and explained that the error was due to misidentification stemming from incomplete identifying details (lack of husband's name) in the initial inquiry. The court deemed the error to be inadvertent and genuine. The order dated March 13, 2026, which abated Criminal Appeal (DB) No. 377 of 2015, was recalled. The Criminal Appeal was restored to its original file. The unconditional and unqualified apology tendered by the Superintendent of Police and the Station House Officer was accepted.
The March 13, 2026 order reads: "Perused Letter No. 155 dated 11.02.2026 of the Superintendent of Police, Samastipur along with the report of S.H.O., Tajpur Police Station, wherein it is indicated that during the enquiry it came to light that the sole appellant, namely Sakli Devi, is dead. 2. In view of the said letter and having regard to Section 394 of the Code of Criminal Procedure, 1973, which corresponds to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and inasmuch as no near relative has filed any application seeking leave to continue the appeal, the present Criminal Appeal stands abated and is accordingly disposed of." This order was passed due to misrepresentation by the police officials.
The suspension order issued against the Station House Officer, Tajpur, was directed to be revoked. The Criminal Miscellaneous application was disposed of. Sakali Devi had filed a Criminal Miscellaneous application seeking to recall an order dated March 13, 2026, which had abated her Criminal Appeal (DB) No. 377 of 2015. The abatement occurred because the police, specifically the SHO of Tajpur Police Station and the Superintendent of Police, Samastipur, had submitted a report erroneously stating that Sakali Devi was dead, misidentifying her with another person of the same name. Sakali Devi presented evidence that she was alive and well, including official documents and a certificate from the Gram Panchayat Mukhiya. Both the Superintendent of Police and the SHO appeared before the court, tendered unconditional and unqualified apologies, and admitted the error was inadvertent due to the lack of complete parentage details in the initial request for the appellant's status. The Superintendent of Police had suspended the SHO for this lapse.
The High Court accepted their apologies, recalled the abatement order and restored the original criminal appeal, and directed the revocation of the SHO's suspension, acknowledging the mistake as genuine. The court also directed its own Joint Registrar (List) to ensure complete appellant details are provided when seeking status reports in the future.
Tuesday, May 19, 2026
Bihar universities will have to wait for directions of 48th Chief Justice to get 289 librarians from state government
Underlining the significance of librarians, Chief Justice Sangam Kumar cited Neil Gaiman, the author of The Graveyard Book who said, “Google can bring you back 1,00,000 answers, a librarian can bring you back the right one."
In Dr. Ranganathan Rajya Pustakalaya Samiti & Anr. vs. The State of Bihar & Ors. (2026), Patna High Court's Division Bench of Chief Justice Sahoo and Justice Harish Kumar delivered a 10-page long order dated May 15, 2026, wherein, it concluded:"In the eyes of the law, a vacant librarian post, especially in a University is not merely an administrative oversight; it is seen as a functional breakdown in the "administration of justice" and the "academic health" of an institution. The vacancy of a librarian is not an administrative choice but a failure of the State's duty to provide the necessary infrastructure for education and justice. In the absence of a Librarian, physical collection of books deteriorate without proper preservation protocols, reference services remain absent, institutional subscriptions to journals and databases are not procured, managed, or optimised, and no systematic weeding or collection takes place. 7. With the aforesaid direction and observation, the matter be listed on 06.07.2026." The order was authored by the outgoing chief justice who is retiring on June 4, 2026. The case will now be heard by the next chief justice.
The petitioner no. 2 is Harishanker Prakash, a resident of Mahinawan Bazar, Maner, Patna. The other five respondents are: Chancellor of the University of Bihar, Patna, Additional Chief Secretary, Department of Education, Patna, Director, Higher Education, Education Department, Patna, Patna University and Tilka Manjhi Bhagalpur University, Bhagalpur.
The case was filed on December 17, 2020 and registered on January 23, 2021. Significantly, five chief justices, namely, Justices Sanjay Karol, K. Vinod Chandran, Vipul Manubhai Pancholi, P.B. Bajanthri and now Sahoo heard the case since June 2021 but the posts of the librarians have not been filled up.
The High Court's 4-page long order dated March 25, 2026 reads: "This Public Interest Litigation has been filed seeking a direction to the concerned authorities to initiate the process of appointment to the post of Librarian in various higher educational institutions in the State of Bihar, as the posts have remained unfilled since 1990. Consequently, the libraries have become defunct and are being run by unqualified persons in an unprofessional manner, resulting in immense difficulties for the students, faculty members, as well as the colleges and educational institutions in the State of Bihar." Amicus Curiae placed before the Court a datasheet regarding the number of vacancies in different Universities in the State of Bihar, which reveals that 289 posts of librarians are vacant. A copy of the datasheet was furnished to P.K Shahi the Advocate General, who sought some time to obtain instruction. Advocate General sought adjournment on April 30, 2026 and prayed for a short adjournment on May 6, 2026 to ensure filing of a supplementary counter affidavit bringing on record necessary facts.
The May 15, 026 order has recorded that in pursuance of the order of the High Court dated May 13, 2026, the Vice-Chancellors of the different Universities, namely, Munger University, Munger; Patliputra University, Patna; Maulana Mazharul Haque Arabic & Persian University, Patna; Kameshwar Singh Darbhanga Sanskrit University, Darbhanga; Lalit Narayan Mithila University, Darbhanga; Tilka Manjhi Bhagalpur University, Bhagalpur; B.N. Mandal University, Madhepura; Purnea University, Purnea; Veer Kunwar Singh University, Ara; Magadh University, Bodh Gaya; Patna University, Patna; Jai Prakash University, Chapra; and Baba Saheb Bheem Rao Ambedkar University, Muzaffarpur; Aryabhatta Knowledge University, Patna as well as Nalanda Open University are connected through virtual mode in the proceeding.
The High Court's order dated May 13, 2026 reads:"2. In terms of the order dated 25.03.2026 passed by this Court, notices along with a copy of the writ petition and the said order were transmitted through e-mail to the Vice-Chancellors of all the Universities referred to therein. The e-mail service reports have also been brought on record. However, despite service of notice, no response has been filed on behalf of any of the Vice-Chancellors of the concerned Universities till date. 3. The matter was earlier taken up on 30.04.2026 and, on the prayer made by the learned Advocate General seeking a short adjournment, the case has been listed today. From the record, it appears that neither any affidavit nor any document has been filed on behalf of the Vice-Chancellors concerned. It further appears that no steps have been taken either for filing a response or for engagement of counsel to represent them before this Court. 4. Considering the importance of the matter, this Court is left with no option but to direct the personal appearance of all the Vice-Chancellors of the Universities referred in the order dated 25.03.2026, particularly those mentioned in paragraph 4 thereof. 5. Accordingly, all the Vice-Chancellors shall ensure their presence through virtual mode on 15.05.2026 at 11:00 A.M."
The order dated May 15, 026 reads:"5. In order to resolve the dispute, and the acute scarcity of Librarians, as has been raised in the present Public Interest Litigation, we direct all the Vice-Chancellors of the Universities to ensure that where the roster clearance has not been done, they shall take all the requisite necessary actions to get the roster clearance done expeditiously and thereupon, send the requisition to the Director, Higher Education. Since the roster clearance is to be made at the level of the Divisional Commissioner, we further direct the Divisional Commissioner of all the Divisions, where the process of roster clearance is pending, to take up the matter forthwith and pass necessary order with regard to the roster clearance. It is made clear that in those Universities where the list of necessary vacancy position has not been sent for roster clearance, the concerned Vice-Chancellor of the said Universities must ensure and send the list of on date vacancies to the concerned Divisional Commissioner for roster clearance. In order to ensure that all the vacancies are filled up immediately, we will also provide the timeline to all the concerned authorities. In those cases, where vacancies position of the posts have not been sent up to the office of Divisional Commissioner, it must be sent within two weeks from today. The Divisional Commissioners of respective division are directed to complete the formalities of roster clearance within a further period of two weeks. On receipt of the roster clearance, the Vice-Chancellor of different Universities shall ensure that requisition for filling up the vacancies must reach in the office of Director, Higher Education within a further period of two weeks. It is expected that all the authorities must adhere to the timeline, framed hereinabove."
Prior to this High Court's order dated September 15, 2023 recorded:"A counter affidavit dated 27.07.2023 puts forth steps taken by the Government in making appointments to the post of Librarians. It is the submission of the Government that before proceeding with the selection, the Government has attempted to
ascertain the sanctioned posts of non-teaching employees of Grade-III in University/Constituent Colleges of the State, so as to have a clear picture of the existing vacancies of the Librarians. A communication was issued to all the Universities which have been replied to and the collation of data has been going on."
Earlier, the High Court's order dated April 7, 2023 recorded that counter affidavits filed in 2021 had submitted to the High Court that there was a proposal to appoint a Commission to carry out the appointments, especially since the appointments carried out by the Universities were not approved by the State Government. The 4th respondent, i.e., the Director, Higher Education, Education Department, was asked to file an affidavit as to the further steps taken in constituting a Commission and making the appointments to the post of Librarians as sought for, in the writ petition.
It is noteworthy that the report of the Bihar Assembly Library Committee presented to the assembly had pointed out in 2023 that from over 500 six decades back, the number of public libraries in the state has gone down to 51. Sudama Prasad, the chairperson of the committee had presented its report for the first time in the 100 years' history of the Vidhan Sabha. Director (library and information) Sachindra Kumar had announced the formation of a state-level library planning committee headed by additional chief secretary in December 2022. As per the data submitted by the education department to the library committee of the assembly, out of the 38 districts in the state, only 19 have central libraries. Notably, divisional libraries are there only in six of the nine divisional headquarters in the state.
Also read: How Bihar is rapidly losing the libraries that it was once famous for
Justice Satyavrat Verma rejected bail in a murder case
In Brajnod Yadav vs. The State of Bihar (2026), Justice Satyavrat Verma passed an order dated February 26, 2026, wherein, he rejected the second attempt to secure bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 342, 324, 307, 302, 337 and 504 of the Indian Penal Code.
Earlier, Justice Verma had passed a 3-page long order dated July 14, 2023 wherein, he had concluded:"8. Considering the submissions made by the learned A.P.P. for the State and learned counsel for the informant, the Court is not inclined to extend the privilege of anticipatory bail to the petitioners in connection with a Madhuban P. S. case of 2022 pending in the Court of learned Chief Judicial Magistrate, East Champaran at Motihari/successor Court. 9. Accordingly, the prayer for anticipatory bail of the petitioners is rejected."
The counsel for the petitioners submitted thatpetitioners are persons with clean antecedents. The informant alleged that while she along with her husband were returning home in the night, they were intercepted by the accused persons including the petitioners and they assaulted her husband by iron rod causing injury leading to his death.
The counsel for the petitioners submitted that petitioners were falsely implicated in the present case. It was also submitted that it was night as such it cannot be alleged with certainty that it was the petitioners who had assaulted the husband of the informant by iron rod causing injury leading to his death. It was further submitted that during the course of investigation, it came out that the husband of the informant died on account of fall of a bamboo which was being erected. It was also submitted that even the witnesses have not supported the case of the prosecution during the course of investigation. It was also submitted that the viscera was preserved and sent to the FSL for examination. It was submitted that though it was alleged that both the petitioners assaulted the husband of the informant by an iron rod causing injury leading to his death but then during the postmortem only one injury was found on the deceased.
The A.P.P. for the State and counsel for the informant opposed the prayer for anticipatory bail of the petitioners and submitted that the police investigation was not admissible in evidence during the course of trial.
Will Supreme Court's prompt adoption of "austerity measures", National Judicial Data Grid pave way for endless surveillance of all judicial institutions like other institutions?
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Notably, it came to light that the audio feed of the Rajya Sabha is under the control of the Central Public Works Department (CPWD), Union Ministry of Housing and Urban Affairs. It came to light when Rajya Sabha proceedings was disrupted during the passage of three controversial agricultural bills, which has now been repealed due to world' biggest farmers' protest. In a letter to the Rajya Sabha Secretariat, CPWD attempted to explain that the 20-minute audio blackout on September 20, 2020 between 13:05 and 13:35 hours.


