Patna High CourtCR. WJC/1095/2017disposed

Bhagwat Roy v. The State Of Bihar Through Chief Secretary, Government Of Bihar, Patna And ORS

2017-08-02Mr. Justice S. Kumar,Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 1095 of 2017 Arising out of P.S. Case No.- Year- Thana- District- Muzaffarpur =============================================== Bhagwat Roy, son of Late Dukhan Roy, Resident of Village- Bazi Bujurg, P.S.- Sakra, District- Muzaffarpur.

... ... Petitioner/s

Versus

1. The State of Bihar Through the Chief Secretary, Government of Bihar, Patna.

2. The State Sentence Remission Board through the Principal Secretary, Home Department, Government of Bihar, Patna.

3. The Joint Secretary-cum-Director (Administration), Home Department (Prison), Bihar, Patna.

4. The Secretary, Law Department, Government of Bihar, Patna.

5. The Additional Director General of Police, Criminal Investigation Department, Bihar, Patna.

6. The Inspector General, Jail and Reforms Services, Bihar, Patna.

7. The Assistant Inspector General, Jail and Reforms Services, Bihar, Patna.

8. The Jail Superintendent, Shahid Khudi Ram Bose, Central Jail, Muzaffarpur.

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

For the Petitioner/s : Mr. Vijay Kumar Singh, Adv. For the Respondent/s: Mr. MD. NADEEM SERAJ (GP-5) =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 02-08-2017 The petitioner seeks his premature release in view

Patna High Court Cr. WJC No.1095 of 2017 dt.02-08-2017 2/2 of the provisions contained in the amended notification of the State Government specially clause (iii) (kh) and (ch) thereof as contained in Annexure-P-4.

However, in view of the statement made in paragraph 10 of the counter affidavit, this writ petition is being disposed of with a direction to the Sentence Remission Board that a report from the Medical Board be sought, thereafter, decision be taken in accordance with law expeditiously preferably within a period of three months from the date of receipt/production of a copy of this order.

However, it is made clear that this Court has not formed or expressed any opinion on merit.

(Dr. Ravi Ranjan, J) ( S. Kumar, J) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.08.2017 Transmission Date NA