Uman Singh @ Umang Singh v. The State Of Bihar Through The Secretary, Ministry Of Home, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.526 of 2017 =========================================================== Uman Singh @ Umang Singh S/o Late Gore, resident of Village - Moldiyar Tola, Police Station - Mokama, District - Patna.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Ministry of Home, Government of Bihar, Patna.

2. The Inspector General (Prison), Home Department, Government of Bihar, Patna.

3. The State Sentence Remission Board through its Chairman, Department of Home, Patna.

4. The Jail Superintendent, Mukta Jail, Buxar, Buxar.

5. Union of India through the Home Secretary, Government of India, New Delhi. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Harish Kumar, Advocate Mr. Arvind Kumar Mouar, Advocate Mr. Raj Krishna Jha, Advocate For the Respondent/s : Mr. Krishna Chandra, AC to AG. =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date: 19-05-2017 Heard learned counsel for the petitioner and the State. Through this writ application, the petitioner seeks a direction to the respondent authorities for his premature release from the custody as he has already completed more than 23 years of custody with remission.

Learned counsel submits that vide judgment dated 20.12.2016 passed in Cr. W.J.C. No.1288 of 2016, as contained in Annexure-3 series, the case of another convict Ram Chandra Singh

Patna High Court Cr. WJC No.526 of 2017 dt.19-05-2017 2/2 for his premature release has been directed to consider in view of the fact that yet another accused of the same trial, namely, Ramadhar Singh was already directed to be consider for his release. Learned counsel appearing for the State, on instruction, submits that after receiving his application for his premature release the process has been completed and his case has been sent to the department for placing it before the State Sentence Remission Board. Accordingly, this writ application stands disposed of with a direction to place the matter of the petitioner for consideration in the next meeting of the State Sentence Remission Board. The Board, while considering the issue on its own merit and in accordance with law, would also be required to be consider the earlier decision of a coordinate Bench of this Court rendered in case of Ramadhar Singh as well as Ram Chandra Singh.

This disposes of the writ petition.

(Dr. Ravi Ranjan, J) (Vikash Jain, J) V.K. Pandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.05.2017 Transmission Date NA