Radhe Shyam Sharma v. The State Of Bihar, Through The Chief Secretary, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 2866 of 2017 Arising out of P.S. Case No.-118 Year-1988 Thana- HUSAINGANJ District- Siwan =============================================== Radhe Shyam Sharma Son of Mehee Lal Sharma Resident of Village : Habib Nagar, Tola - Mishrauli, P.S. Hussainganj, District : Siwan. ... ... Petitioner/s

Versus

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

2. The State Sentence Remission Board through the Principal Secretary, Home Department, Government of Bihar, Patna.

3. The Joint Secretary-cum-Director (Administration), Home Department, (Prison), Bihar, Patna.

4. The Secretary, Law Department, Government of Bihar, Patna.

5. The Additional Director, General of Police, Criminal Investigation Department, Bihar, Patna.

6. The Inspector General, Jail and Reforms Services, Bihar, Patna.

7. The Assistant Inspector General, Jail and Reforms Services, Bihar, Patna.

8. The Jail Superintendent, Buxar Open Jail, Buxar.... ... Respondent/s =============================================== Appearance :

For the Petitioner/s : Dr. Amarendra Kumar, Advocate.

: Mr. Ravi Shanker Pankaj, Advocate.

: Mr. Manish Rai Sharam, Advocate.

For the Respondent/s : Mr. Prabhu Narayan Sharma, AC to AG =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 03-01-2018 Heard learned counsel for the petitioner and the State.

The petitioner claims that he has already undergone imprisonment for a period of 15 years, 09 months and 7

Patna High Court Cr. WJC No.2866 of 2017 dt.03-01-2018 2/2 days and, thus, he has already undergone more than 14 years of actual imprisonment.

In such a situation, this writ application stands disposed of with a direction to the respondent authorities to examine the matter of the petitioner and if it is found that he has completed the required period of incarceration for consideration under the Short Sentencing Policy of the State of Bihar then his case should be considered in accordance with law and the matter should be sent to the Remission Board for its consideration.

It is expected that the whole exercise would be completed by the respondent authorities within a period of two months from the date of receipt/production of a copy of this order so that the matter could be forwarded to the Bihar State Sentence Remission Board for its consideration in accordance with law in its next meeting.

(Dr. Ravi Ranjan, J) Vikash/- (Anjana Mishra, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 04.01.2018 Transmission Date NA