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Patna High CourtMJC/2679/2015disposed

Sipahi Pasi v. The State Of Bihar Through The Chief Secretary Govt. Of Bihar Patna Namely Sri Anjani Kumar Singh

2016-10-26Justice Smt. Nilu Agrawal,Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2679 of 2015 IN Miscellaneous Jurisdiction Case No. 4846 of 2013 =========================================================== Sipahi Pasi, Son of Late Subhag Pasi, R/o Village Barkisagera, P.S. Mohania, District Kaimur (Bhabhua) .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar Patna Namely Sri Anjani Kumar Singh

2. The Commissioner, Home Special, Government of Bihar, Patna namely Sri Amir Subhani

3. The Inspector General (Prison) Government of Bihar, Patna namely Sri Prem Kumar Meena

4. The Jail Superintendent, Mandal Kara, Kaimur at Bhabhua namely Sri Jitendra Narayan Singh at present posted

5. The Jailor, Mandal Kara, Kaimur at Bhabhua namely Sri Jitendra Narayan Singh .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shabbir Ahmad, Advocate Mr. Umesh Prasad, Advocate For the Respondent/s : Mr. Chittaranjan Sinha, PAAG-2 Mr. Niraj Kumar Sinha, AC to PAAG-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 26-10-2016 The present contempt petition has been filed by the petitioner seeking implementation of the order dated 21.04.2014, passed in Cr.W.J.C. No. 139 of 2014.

It is submitted on behalf of the petitioner that having been convicted and sentenced to imprisonment for life he has now spent over 20 years physically in prison with remission which

Patna High Court MJC No.2679 of 2015 dt.26-10-2016 2/2 comes to about 27 years. He should, as such, be considered for release upon remission being granted by the State Board. Earlier an affidavit was that the authorities were not sanguine about the antecedent and future conduct. Petitioner has now filed a supplementary affidavit bringing on record favourable recommendations from all the authorities in this regard. We would, accordingly, direct the State Board to reconsider the case of the petitioner in view of the reports, which are now on record, and pass appropriate orders preferably within two weeks.

With this observation, this application stands disposed of.

(Navaniti Prasad Singh, J.) (Nilu Agrawal, J.) Arjun/Rajesh U