Nagendra Singh @ Vakil Singh @ Wakil Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.588 of 2016 Arising Out of Wazirganj PS.Case No. -86 of 2000 Thana - Wazirganj, District- GAYA ===========================================================

1. Nagendra Singh @ Vakil Singh @ Wakil Singh son of Late Yamuna Singh resident of Village- Kanwan, Police Station- Wazirganj, District- Gaya. .... .... Petitioner

Versus

1. The State of Bihar

2. The Home Secretary, Government of Bihar, Patna.

3. The Inspector General (Prison), Home Department, Government of Bihar, Patna.

4. The Jail Superintendent, Gaya.

5. Members of Remission Board, Government of Bihar, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Manish Kumar No.2 For the Respondents : Mr. R. B. Mahto, AG =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 02-08-2016 Heard Mr. Manish Kumar No.2, learned Counsel for the petitioner, and learned Counsel for the respondents. With the grievance that the petitioner's case has not been considered for remission by the Remission Board despite the fact that the petitioner has, according to petitioner, already served the sentence, which was passed by learned Additional Sessions Judge-IV, Gaya, on 19.11.2003 in Sessions Trial No. 246 of 2001/96 of 2002, and upheld by the judgment and order, dated 11.01.2010 by a Division Bench of

Patna High Court Cr. WJC No.588 of 2016 dt.02-08-2016 this Court in Criminal Appeal No. 516 of 2003, this writ petition, made under Article 226 of the Constitution of India, has been filed seeking appropriate directions to be issued to the Remission Board. By, however, filing the counter affidavit, the State respondents have submitted that meeting of State Sentence Remission Board has already been held, on 08.07.2016, for premature release of the petitioner, but the formal order of remission would be issued after approval of competent authority.

In view of the above, it is submitted, on behalf of the petitioner, that this writ petition has become infructuous and may be disposed of accordingly with liberty to the petitioner to approach this Court, in future, if the situation so warrants.

This writ petition is disposed of as having become infructuous with liberty aforementioned.

(I. A. Ansari, CJ) (Chakradhari Sharan Singh, J) A.I./- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.08.2016 Transmission Date 04.08.2016