Setho Mahto v. The State Of Bihar Through Principal Secretary, Home(Police) Dept, Govt Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.164 of 2019 Arising Out of PS. Case No.-86 Year-1983 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== 1.

Setho Mahto late Baleshwar Mahto resident of Village- Sadpur, P.S. Sahebpur Kamal, District-Begusarai.

2.

Heera Mahto@ Hero Mahto Ramfal Mahto resident of Village- Sadpur, P.S. Sahebpur Kamal, District-Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home(Police) Dept, Govt of Bihar, Patna 2.

The Law Secretary, Bihar, Patna. Bihar, Patna. 3.

Superintendent , Central Jail, Bhagalpur. Bhagalpur. 4.

The Superintendent of Police, Begusarai. Begusarai. 5.

District Magistrate, Begusarai. Begusarai.

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

For the Petitioner/s :

Mr.Vinod Gautam, Adv.

For the Respondent/s :

Mr. P.N. Sharma, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 14-11-2019 We find the present petition in its present form not to be maintainable. There cannot be a petition for habeas corpus challenging the order of rejection of the application seeking remission of the sentence.

At this stage, learned counsel for the petitioner states that yet another application seeking remission is

Patna High Court CR. WJC No.164 of 2019 dt.14-11-2019 2/2 pending with the appropriate authority.

Learned counsel for the State submits that if it is so, the respondent authority shall positively take a decision thereon in accordance with law expeditiously and preferably within a period of one month from today. Learned counsel undertakes to communicate the order to the appropriate authority within next two days.

With the aforesaid directions, this application is dismissed.

(Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) K.C.Jha/DKS AFR/NAFR NAFR CAV DATE N/A Uploading Date 15.11.2019 Transmission Date