Pravesh @ Prabhash Yadav v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.257 of 2026 ====================================================== Pravesh @ Prabhash Yadav S/o Bishundeo Yadav, R/o Village- Harpur, P.SHarpur, Distt.- Munger. ... ... Petitioner
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna Bihar 2.
The State Sentence Remission Board through the Principle Secretary, Home Department, Govt. of Bihar Patna 3.
The Joint Secretary cum Director (Administration) Home Department (Prison), Bihar, Patna. Bihar 4.
The Secretary, Law Department, Government of Bihar, Patna. Bihar 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 Service, Bihar Patna 8.
The Jail Superintendent, Open Jail, Buxar. Bihar ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Respondent/s :
Mr. S.C.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 18-06-2026 Heard learned counsel for the parties.
2. The present criminal writ petition has been filed seeking following reliefs:
"For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authorities to consider the case of the petitioner for premature release and released him in connection with Sessions Trial No. 358 of 2010 which amalgamated with Sessions Trial No. 862 of 2008 arising out of Harpur P.S. Case No. 2 of 2008 in which the petitioner was held guilty and convicted by judgment of conviction dated
Patna High Court CR. WJC No.257 of 2026 dt.18-06-2026 2/3 25.05.2015 for the charges under section 302 of the Indian Penal Code (IPC) and section 27 (1) of the Arms Act and sentenced by order dated 29.05.2015 to undergo life imprisonment along with fine of Rs. 5000/- for the offence under section 302 of the Indian Penal Code, in default of fine, six months simple imprisonment and further sentenced to undergo three years RI for offence under Arms Act and a fine of Rs. 1000/- and in default of paying of fine one month SI."
3. In the counter-affidavit filed by the State respondents it has been submitted that as soon as fresh reports are received from Probation Officer, Presiding Officer and Superintendent of Police concerned, the proposal for premature release of the petitioner would be sent to the prison headquarter and then further action would be taken and the matter would be put up before Remission Board for its consideration. From the same counter-affidavit it appears the petitioner has already suffered incarceration in actual custody for a period of sixteen years, four months and fourteen days and with remission he has remained under incarceration for twenty years, three months and twenty-nine days as on 12.02.2026.
4. In the light of the aforementioned facts and circumstances, the concerned respondent authorities are directed to place the matter of the petitioner for his premature release before the State Sentence Remission Board after obtaining necessary reports from the statutory authorities, if required, at
Patna High Court CR. WJC No.257 of 2026 dt.18-06-2026 3/3 the earliest and preferably within four weeks from the date of the receipt / production of copy of the present order. Thereafter, appropriate decision in the matter of the petitioner be taken by the State Remission Board in accordance with law within a period of next six weeks.
5. With the aforesaid observation / direction, the present criminal writ petition stands disposed of. (Arun Kumar Jha, J) Shahnawaz/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.06.2026 Transmission Date 19.06.2026