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Patna High CourtCR. WJC/885/2019disposed

Rajesh Sharma v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar At Patna.

2019-06-17The Chief Justice-,Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.885 of 2019 Arising Out of PS. Case No.-33 Year-2003 Thana- DAWATH District- Rohtas ====================================================== Rajesh Sharma Son of Sri Madan Sharma Resident of Village- Kabai, P.S.- Dawath, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Chief Secretary, Govt. of Bihar at Patna, Bihar 2.

The Secretary, Home Deptt. cum Chairman State Sentence Ramission Board, Bihar, Patna. Bihar, Patna.

3.

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

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

Th Jail Superintendent, Open Jail Buxar. Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Prasad For the Respondent/s :

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-06-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This petition has been filed seeking remission from the State Government on the basis of the policy that may be applicable to the petitioner keeping in view his date of conviction.

Learned counsel for the respondent State submits that formalities required to be completed before any such remission is considered do not appear to have been fulfilled.

Patna High Court CR. WJC No.885 of 2019(2) dt.17-06-2019 2/2 In such circumstances, it will be open to the respondent No.2 to proceed to examine the claim of the petitioner and to collect all such information that may be relevant for the purpose of such consideration and then place it before the Remission Board for an appropriate consideration of the petitioner's claim for remission in accordance with law as expeditiously as possible.

The petition is disposed of.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) K.C.Jha/- U T