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Patna High CourtCWJC/7521/2023dismissed

Arvind Kumar v. The State Of Bihar

2023-05-18The Chief Justice,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7521 of 2023 ====================================================== Arvind Kumar Son of Nagendra Dikshit R/o Village- Narayanpur, P.S.- Morhowraha, District- Saran at Chapra.

... ... Petitioner/s

Versus

1.

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

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Additional Chief Secretary, Department of Home, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Shekhar Pandey, Advocate For the Respondent/s :

Mr.Anjani Kumar ( AAG 4 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-05-2023 The Public Interest Litigation (PIL) has been filed with respect to the removal of a particular clause from the Bihar Prison Manual which mandated that the persons who were convicted of grievous offences against public servants will not be considered for remission for a period of 20 years. The present writ petition has been filed specifically alleging that the removal was only on account of one particular convict, who has been released.

However, we are told by the learned government advocate that the Hon'ble Supreme Court is seized of the issue and the very same subject matter is pending before the Hon'ble Supreme Court. An order of the Hon'ble Supreme Court dated

Patna High Court CWJC No.7521 of 2023(2) dt.18-05-2023 2/2 08.05.2023, wherein the widow of the deceased officer; whose death had resulted in the conviction of the person now released, was allowed to intervene, is produced before us. In the circumstance, we find that there is no need to keep the above writ petition pending before this court. We reject the writ application, however, leaving liberty to the petitioner to approach this Court, if so required in the future.

(K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) K.C.Jha/- U