Manoj Sah v. The State Of Bihar Through Chief Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1281 of 2023 Arising Out of PS. Case No.-13 Year-2002 Thana- NOKHA District- Rohtas ====================================================== MANOJ SAH Son of Late Baban Sah Resident of village-Pipra, P.S.-Nokha, Dist.-Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Home Department (Prison), Govt. of Bihar, Patna Patna 3.

The Secretary, Dept. of Law, Govt. of Bihar, Patna Patna 4.

The Inspector General, Prison and Reform Services, Govt. of Bihar, Patna Patna 5.

The State Sentence Remission Board, through its Chairman Govt. of Bihar, Patna Patna 6.

District Magistrate, Rohtas at Sasaram Rohtas 7.

Superintendent of Police, Rohtas at Sasaram Rohtas 8.

Superintendent of Police (Jail), Rohtas at Sasaram Rohtas 9.

S.H.O., Nokha, Dist. Rohtas at Sasaram Rohtas ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Mr. Rajeev Kumar Sinha For the Respondent/s :

Mr.Prabhat Kumar Verma, AAG 3 Mr. Suman Kr. Jha, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-07-2025 Heard the parties.

2. This application has been filed on behalf of the petitioner for the following relief:- (a) To remit the sentence of the petitioner who has been convicted for an offence U/s 302/149 of the IPC as well as U/s 27 of the Arms Act and has been sentence to undergo RI for life and fine of Rs. 10,000/- and in default S.I for three (3) years

Patna High Court CR. WJC No.1281 of 2023(2) dt.28-07-2025 2/2 punishable U/s 302/149 of the IPC and three years

(3) R.I for offence u/s 27 of the Arms Act in Sessions Case No. 412(A) of 2002 (Tr. No. 11/2010). The order of conviction and sentence was passed on 20.07.2010, by IIIrd Addl. Sessions Judge, Rohtas at Sasaram, however both sentences have been ordered to run concurrently.

3. It has very fairly been submitted by the learned counsel for the State that earlier the prayer made on behalf of the petitioner for remission was rejected in the year 2022 but now the petitioner has become eligible for remission and if the petitioner files a fresh application before the authorities concerned, the same shall be considered by them.

4. In that view of the matter, this application is disposed of with a liberty to the petitioner to file a fresh application for remission and if the same is filed by the petitioner then the same shall be disposed of by the authorities concerned within three months of its filing.

(Sandeep Kumar, J) Vikas/- U