Sanjay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8935 of 2021 ====================================================== Sanjay Sharma Son of Girdhari Sharma R/Vill. - Bangala Chowk, Surjpura, P.S. - Surjpura, District - Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Home Department, Government of Bihar. 3.

The Commissioner, Home Special, Govt. of Bihar, Patna. 4.

The Inspector General (Prison), Govt. of Bihar, Patna. 5.

The Jail Superintendent, Kendriya Kara, Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey, Adv.

For the Respondent/s :

Mr.P.K.Verma, AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-09-2022 The present writ petition has been filed seeking the following relief:- "1(A). That this application is for issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to adopt/consider the idea of open jail system and provide the benefits to the petitioner of "Open Jail" and send him such jail where there are such type of facilities available. As per other states of this country, petitioner is serving sentence for life imprisonment and convicted under Section 302 of the IPC

Patna High Court CWJC No.8935 of 2021(2) dt.23-09-2022 2/3 and other sections of the IPC by the judgment and order dated 5th day of October 2012 passed by learned District & Sessions Judge, Rohtas at Sasaram in Session Trial No. 161/2012 arising out of Dawath P.S. Case No. 32/2012."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Additional Chief Secretary / Principal Secretary, Home Department, Government of Bihar, Patna by filing appropriate representation and for the said purpose, he prays that he may also be granted liberty to file the same through the Jail Superintendent concerned inasmuch as he is in custody at the moment. Liberty, so sought, is granted.

It is needless to state that in case appropriate representation is filed through the aforesaid channel within a period of four weeks from today, the same shall be considered, in accordance with law and a decision shall be taken thereon, within a period of twelve weeks, thereafter.

The writ petition stands disposed off on the

Patna High Court CWJC No.8935 of 2021(2) dt.23-09-2022 3/3 aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U