Patna High CourtCR. WJC/1050/2019disposed

Rajan Roy v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar

2019-07-10The Chief Justice-,Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1050 of 2019 Arising Out of PS. Case No.-63 Year-1983 Thana- PARSA District- Saran ====================================================== RAJAN ROY, aged about 67 years (Male), son of Late Ram Sarekh Roy, resident of Village- Jaminpur, P.S.- Dernee, District- Saran at Chapra ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR AT PATNA.

2. The Secretary, Home Department cum Chairman State Sentence Remission Board, Bihar, Patna

3. The Commissioner, Home Special Government of Bihar, Patna

4. The Inspector General (Prison) Government of Bihar, Patna

5. The Jail Superintendent, Open Jail Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Prasad, 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) 10-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This petition has been filed for a premature release claiming remission. In Paragraph 4 of the affidavit filed by the State while referring to the judgment in the trial in which the petitioner had been convicted, it has been stated in Paragraph 7 that the petitioner has completed the mandatory actual custody period of 14 years and 20 years for the consideration of the claim of the petitioner by the Remission Board.

Patna High Court CR. WJC No.1050 of 2019(2) dt.10-07-2019 2/2 It is also submitted at the Bar that the Remission Board shall consider the said request on behalf of the petitioner in the next meeting.

This petition, therefore, stands disposed of keeping in view the aforesaid submission raised on behalf of the State with a direction that the claim of the petitioner be considered in accordance with law by the Remission Board accordingly. (Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) P.K.P./- U