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Patna High CourtCR. WJC/1095/2019disposed

Bipin Dutta @ Bipin Prasad Dutta v. The State Of Bihar Through The Chief Secretary, Govt.Of Bihar, Patna

2019-07-22The Chief Justice-,Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1095 of 2019 Arising out of PS. Case No.- 180Year-1989 Thana- Sabaur District- Bhagalpur ====================================================== BIPIN DUTTA @ BIPIN PRASAD DUTTA (Male), aged about 52 years, Son of Shri Shibendra Prasad Dutta, Resident of Village - Chandheri, P.S.- Sabour, Distt - Bhagalpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT.OF BIHAR, PATNA 2.

The Principal Secretary Dept of Home, Government of Bihar, Patna. 3.

The State Sentence Remission Board through its Chairman, Government of Bihar, Patna. Bihar 4.

The Law Secretary-cum-Legal Remembrance, Department of Law, Govt. of Bihar, Patna. Bihar 5.

The Director, General of Police, Government of Bihar, Patna. 6.

The Director, Probation, Services, Government of Bihar, Patna. 7.

The Inspector General (Prison) and Jail Reforms, Government of Bihar, Patna.

8.

The Additional Director General of Police, Criminal Investigation Department, Govt. of Bihar, Patna. Bihar 9.

The Jail Superintendent, Special Central Jail, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avinash Kumar, Advocate For the Respondent/s :

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

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-07-2019 Heard Shri Avinash Kumar, learned counsel for the petitioner.

The petitioner has applied for remission. On nonconsideration thereof, the present Habeas Corpus petition has

Patna High Court CR. WJC No.1095 of 2019(2) dt.22-07-2019 2/2 been filed.

A counter affidavit has been filed today on behalf of the respondent-State wherein it has been stated that the entire documents have been received in the department and shall be put up before the Remission Board in its next meeting for consideration of premature release.

Accordingly, in view of the aforesaid affidavit having been filed, this petition is disposed of with a direction to the Respondent No. 3 to consider the claim of the petitioner in accordance with law and pass appropriate orders in the next meeting of the Remission Board.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) P.K.P./- U