Patna High CourtCR. WJC/1385/2017disposed

Dilip Kumar Mahto @ Dilip Kumar Mahti v. The State Of Bihar Through The Principal Secretary Home , Government Of Bihar, Patna And ORS

2017-08-18Mr. Justice Dr. Ravi Ranjan,Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1385 of 2017 Arising Out of PS. Case No.-203 Year-2000 Thana- DUMRA District- Sitamarhi ====================================================== Dilip Kumar Mahto @ Dilip Kumar Mahti, son of late Asharfi Mahto, resident of village-Parmanandpur, P.S.-Dumra, District-Sitamarhi. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary ( Home ), Government Of Bihar, Patna

2. The Inspector General (Prison), Bihar, Patna.

3. The District Magistrate, District- Sitamarhi.

4. The District Magistrate, Bhagalpur.

5. The District Magistrate, Patna.

6. The Jail Superintendent, Special Central Jail, Bhagalpur.

7. The Jailer, Special Central Jail, Bhagalpur.

8. The Jail Superintendent, Adarsh Central Jail, Beur, Patna.

9. The Jailer, Adarsh Central Jail, Beur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Roy, Advocate Mr. Uday Kumar, Advocate For the Respondent/s :

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

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 18-08-2017 Heard learned counsel for the petitioner and the State. Through this writ application, the petitioner seeks direction to the respondents for his premature release in terms of State Sentence Remission Policy as it is contended that he has already completed 16 years of his actual imprisonment.

Patna High Court Cr. WJC No.1385 of 2017 dt.18-08-2017 2/2 Accordingly, this writ application stands disposed of with a direction to the respondents to examine the case of the petitioner and if he has completed the qualifying period of custody then his case should be considered and put up before the Bihar State Sentence Remission Board so that it could be considered in its next meeting. However, if in the opinion of the respondents, the petitioner's case is not fit to be placed before the Remission Board then a reasoned order would be required to be passed by the respondent authorities and the petitioner would be at liberty to assail the same before a competent forum.

(Dr. Ravi Ranjan, J) ( S. Kumar, J) V.K.Pandey/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 18.08.2017 Transmission Date N/A