Ajit Singh @ Ajay Kumar Singh v. The State Of Bihar Through The Principal Home Secretary Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2577 of 2018 Arising Out of PS. Case No.-49 Year-2003 Thana- RAHUI District- Nalanda ====================================================== Ajit Singh @ Ajay Kumar Singh, Son of Late Yadunandan Singh, Resident of Village Shyam Nagar, P.S. Deep Nagar, District- Nalanda at Bihar Sharif. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Home Secretary Bihar, Patna.
2. The Inspector General Prisons Bihar, Patna.
3. The Jail Superintendent Mandal Kara Bihar Sharif (Nalanda). ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindeshwar Prasad Singh For the Respondent/s :
Mr. P. K. Verma (Aag3) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-11-2018 The petitioner has moved this Court seeking a direction to the respondent authorities to release the petitioner from the custody on the ground that the petitioner has already served his sentence of life imprisonment. It is stated in the writ application that the wife of the petitioner has given a representation before the authority concerned in this regard, however, copy of such representation has not been brought on the record.
Learned counsel for the State is present and submits that there is nothing on the record to show that the petitioner has made an appropriate application seeking his release before the Remission Board.
In the given facts and circumstance of the case, in the
Patna High Court Cr. WJC No.2577 of 2018(2) dt.02-11-2018 2/2 opinion of this Court, this writ application is misconceived and cannot proceed.
If the petitioner is of the opinion that he has become eligible for getting a release after serving his sentence, he is required to make an appropriate application before the Remission Board in this regard which may be considered by the Board in accordance with law on the subject.
This application stands dismissed.
(Rajeev Ranjan Prasad, J) avin/- U T