Patna High CourtCR. WJC/208/2019disposed

Bachchu Rai v. The State Of Bihar Through The Chief Secretary Government Of Bihar At Patna And ORS

2019-01-30The Chief Justice-,Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.208 of 2019 Arising out of PS. Case No.-36 Year- 1991Thana- Mohiuddinnagar District- Samastipur ====================================================== Bachchu Rai, aged about 43 years (Male), son of Late Khobhi Rai VillChiknauta, P.S-Hazipur,Distt.-Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar Through The Chief Secretary Government of Bihar At Patna

2. The Secretary, Home Department cum Chairman State Sentence Remission Board, Bihar,Patna Patna

3. The Commissioner, Home Special Government of Bihar, Patna

4. The Inspector General(Prison) Government of Bihar, Patna.

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

For the Petitioner/s :

Mr.Umesh Prasad, Advocate For the Respondent/s :

Mr. Prabhu Narayan Sharma, A.C. to A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-01-2019 Heard Shri Umesh Prasad, learned counsel for the petitioner and Shri Prabhu Narayan Sharma, Assistant Counsel to Advocate General for the State-respondents. This petition has been filed for a mandamus directing the Respondent No. 2 to consider the request of remission of the petitioner in view of the period of incarceration already suffered by the petitioner as disclosed in the chart of the Jail Superintendent, Buxar dated 4th January, 2019. As on date if the data indicated in the said chart is

Patna High Court Cr. WJC No.208 of 2019(2) dt.30-01-2019 2/2 correct, the petitioner must have completed 20 years of incarceration.

In the background aforesaid, since the petitioner was convicted on 23rd of September, 1998 by the trial court in Sessions Trial No. 21 of 1992, let the Respondent No. 2 consider the claim of the petitioner in accordance with law and the policy as would be applicable at the time of his conviction within a period of three months from the date of presentation of certified copy of this order or in the meeting of the Remission Board whenever it is conducted next.

The writ application stands disposed of accordingly. (Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) P.K.P./-Jagdish U