Hardeo Rai v. The State Of Bihar Through The Chief Secretary Government Of Bihar At Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2669 of 2017 Arising Out of PS. Case No.-46 Year-1996 Thana- DAUDPUR District- Saran ====================================================== Hardeo Rai, son of Late Ram Jee Rai @ Tuna Rai, resident of village-Soniya, P.S.-Daudpur, District-Chapra (Saran), Bihar. ... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary Government of Bihar at Patna & Ors. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Prasad, Advocate For the State :

Mr. P.N. Sharma, AC to AG.

For the Civil Court :

Mr. Satyabir Bharti, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 13-12-2017 As prayed, the petitioner is permitted to delete the respondent no.9 in course of the day.

Heard learned counsel for the parties.

Through this writ application, the petitioner, who is serving life sentence in connection with Sessions Trial No.427/1996 arising out of Daudpur P.S. Case No. 46/1996 after his conviction under Sections 302/201 of the Indian Penal Code, seeks direction for his premature release under the Short Sentencing Policy of the State as he claims that he has already completed the qualifying period of incarceration entitling him of such benefit.

Having regards to the aforementioned facts and circumstances, this writ application stands disposed of with a

Patna High Court Cr. WJC No.2669 of 2017 dt.13-12-2017 2/2 direction to the respondents to examine the matter of the petitioner and if it is found that he has completed the required period of incarceration for consideration under the Short Sentencing Policy of the State of Bihar then his case should be considered in accordance with law and the matter should be sent to the Remission Board for its consideration in accordance with law. However, if the petitioner's claim is not found tenable then a reasoned order would be required to be passed and a copy of the same should be supplied to the petitioner. The petitioner would be at liberty to assail the same before the competent forum. It is expected that the whole exercise would be completed by the respondent authorities within a period of three months from the date of receipt/production of a copy of this order so that the matter could be forwarded to the Bihar State Sentence Remission Board for its consideration in accordance with law in its next meeting.

(Dr. Ravi Ranjan, J) ( S. Kumar, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 15.12.2017 Transmission Date N.A.