Justices Shashi Bhushan Prasad Singh and Ashok Kumar Pandey join as High Court judges with concurrence of Chief Minister, Governor

Justice Shashi Bhushan Prasad Singh and Justice Ashok Kumar Pandey joined as judges of the Patna High Court on October 4, 2024. Now the Court has 35 judges. The Supreme Court Collegium comprising of Chief Justice of India, Dr. Dhananjaya Y. Chandrachud, Justice Sanjiv Khanna and Justice B. R. Gavai had recommended the names of both the judicial officers for appointment as judges of the High Court on September 24, 2024. On May 7, 2024, the Chief Justice of the High Court had recommended the elevation of these judicial officers in consultation with his two senior-most colleagues-Justices Ashutosh Kumar and Vipul M. Pancholi. The Chief Minister and the Governor of the State of Bihar concurred with the recommendation. 

In terms of the Memorandum of Procedure, the judges of the Supreme Court conversant with the affairs of the High Court were consulted in order to ascertain the fitness and suitability of the candidates. For the purpose of assessing the merit and suitability of these candidates for elevation to the High Court, the Supreme Court Collegium scrutinized and evaluated the material placed on record. It also perused the observations made by the Department of Justice in the file. Both the judges were found suitable for appointment as High Court Judges. The inputs provided by the Department of Justice in the file indicated that they enjoy a good personal and professional image; and that nothing adverse has come to notice against their integrity. 

While considering both the proposals, the Supreme Court Collegium had also taken note of the fact that the proposal involved non-recommendation of some senior judicial officers. Cogent and good reasons were recorded by the Collegium of the High Court for not recommending their names. It was in agreement with the High Court Collegium for overlooking them. 

In his first order as judge of the High Court as part of the division bench which included Justice P. B. Bajanthri, Justice Shashi Bhushan Prasad Singh authored the order in Sanjay Kumar vs. The State of Bihar  which set aside the order dated February 2, 2024 passed by the Excise Secretary, Patna in Excise Revision Case No. 45 of 2023 as well as the order dated November 27, 2023 passed by Excise Commissioner, Patna in Excise Appeal No. 151 of 2023 because the orders were "not sustainable in the eye of law". It all started with the recovery of 2 liters of Indian made foreign liquor and 180 ml. of beer from the possession of four accused persons named in the F.I.R from a Scorpio vehicle. A case was registered on May 15, 2023 under Sections 272, 273/34 of the Indian Penal Code (IPC) and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The counsel for the petitioner submitted that only a meager quantity of illicit liquor was recovered from the vehicle in question. The petitioner was rightful owner of the said vehicle but he was not apprehended at the time of seizure of illicit liquor. The counsel submitted that proper notice was not served upon the petitioner. The respondent authority violated the cardinal principle of natural justice. Besides the State of Bihar, there were eight respondents, namely, the Commissioner, Excise Department, Government of Bihar, the Director General of Police, Police Department, Government of Bihar, the Inspector General of Police, Darbhanga Division, the District Magistrate, Madhubani, the Sub-Divisional Officer, Jaynagar, Madhubani, the Superintendent of Police, Madhubani, the Officer-In-Charge of Jaynagar Police Station, Madhubani and the Investigation Officer of Jaynagar, Madhubani. The Excise Superintendent, Saharsa had auctioned the petitioner's vehicle on December 7, 2022. 

The Court's order reads: "it is crystal clear that there is recovery of a meager quantity of 2 liters of Indian made foreign liquor and 180 ml. of bear and the vehicle has been auctioned at Rs. 1,17,000/- which is totally disproportionate to the offence committed and conscious of this Court does not allow to impose harsh penalty for recovery of meager quantity of illicit liquor. Such disproportionate fine should not be allowed to impose. Imposition of fine also does not commensurate with the offence committed regarding recovery of 2 liters of Indian made foreign liquor and 180 ml. of bear. That apart, petitioner is not habitual offender for the offences under Excise Act and Rules."

Since October 4, 2024, Justice Ashok Kumar Pandey is part of the High Court's division bench led by Justice Rajeev Ranjan Prasad. The bench has delivered eleven judgements during October 21-29, 2024 but none of them was authored by Justice Pandey.