Shankar Singh v. The State Of Bihar, Through The Home Secretary, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.575 of 2019 Arising Out of PS. Case No.-101 Year-1995 Thana- AWTARNAGAR District- Saran ====================================================== Shankar Singh, Son of Shri Baikunth Singh, Resident of Village - Chainpurwa, P.S.- Avtarnagar, District- Chhapra (Saran) ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Home Secretary, Patna 2.

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

The Inspector General, Prison, Bihar, Patna 4.

The State Sentence Remission Board, through its Chairman, Bihar, Patna 5.

The Jail Superintendent, Divisional Jail, Chhapra 6.

The Jail Superintendent, Central Jail, Motihari 7.

The Superintendent of Police, Chhapra 8.

The Superintendent of Police, Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyan Prakash, Advocate For the Respondent/s :

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

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 01-04-2019 The petitioner contends that he has undergone incarceration for the period which makes him eligible for consideration of remission.

Learned counsel has invited the attention of the Court to the order passed on 3rd January, 2018 in Criminal Writ Jurisdiction Case No.2805 of 2017 in the case of Om Prakash Singh Versus The State of Bihar & Ors arising out of the same case.

Patna High Court CR. WJC No.575 of 2019(2) dt.01-04-2019 2/2 Accordingly, the application is disposed of with a direction to the concerned authority, namely, the respondent no.4 to consider the said application of the petitioner for grant of remission in accordance with law and pass an appropriate order in this regard within a period of two months from the date of production of a certified copy of this order. It will be further obligatory on the part of the respondent Nos.5 to 8 to dispatch their reports for such consideration before the Remission Board within the said period.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) Sunil/- U T