Md. Khalil v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.784 of 2018 ====================================================== Md. Khalil, Son of Late Md. Makhabul @ Md. Maqabool @ Md. Fanid, Resident of Village- Auray @ Aurahi, Tola- Chaingahi, P.S.- Alamnagar (Puraini), District- Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar Through The Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secreary-cum- Commissioner, Department of Home, Govt. of Bihar, Patna.

3. The Secretary, Department of Law, Govt. of Bihar, Patna.

4. The Director General of Police, Govt. of Bihar, Patna.

5. The Inspector General, Koshi Division, Saharsa.

6. The Inspector General, Prison, Govt. of Bihar, Patna.

7. The Director, Probation Services, Govt. of Bihar, Patna.

8. Bihar State Sentence Remission Board, Patna.

9. The District Magistrate, Madhepura, District- Madhepura.

10. The Superintendent of Police, Madhepura, District- Madhepura.

11. The Superintendent, Divisional Jail, Madhepura, District- Madhepura.

12. The Superintendent, Central Jail, Purnea.

13. The Probation Officer, Home (Jail) Department, Madhepura.

14. The S.H.O., Puraini Police Station, Puraini, District Madhepura. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anant Kumar-1 For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-05-2018 Petitioner has moved this Court seeking a direction to the State Sentence Remission Board, Patna (respondent no. 8) to consider his case for premature release of Central Jail, Purnea giving benefit of remission in accordance with the provision of Sections 432 and 433 of the Code of Criminal Procedure. It is the case of the petitioner that he has become entitled for premature

Patna High Court Cr. WJC No.784 of 2018 (3) dt.09-05-2018 2/2 release after undergoing more than five and half years of actual sentence and more than seven years after giving him benefit of remission as prescribed by law.

Learned counsel for the petitioner has made available a copy of the counter affidavit said to have been served on him on behalf of the State in which a statement has been made in paragraph 11 that probable date of release of the petitioner is 16.08.2018. Let copy of the counter affidavit be kept on record. The writ application is, thus, disposed off in the light of statements made in the counter affidavit.

(Rajeev Ranjan Prasad, J) N.H./- U T