Nankut Choudhary @ Shyamji Choudhary @ Nanhku Choudhary v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1510 of 2019 Arising out of PS. Case No.-30 Year-2004 Thana- NASRIGANJ District- Rohtas ====================================================== NANKUT CHOUDHARY @ SHYAMJI CHOUDHARY @ NANHKU CHOUDHARY. Aged about 40 years, Male, S/o Rajendra Choudhary @ Ramji Choudhary, R/o village- Hariharganj, Ward No.- 14, P.S.- Nasriganj, District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Secretary, Home Department-cum-Chairman State Sentence Remission Board, Bihar, Patna 3.

The Commissioner, Home Special, Govt. of Bihar, Patna 4.

The Inspector General (Prison), Govt. of Bihar, Patna 5.

The Jail Superintendent, Kendriya kara, Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Ranjan Kumar Pandey, Advocate For the Respondent/s :

Mr. Prabhu Narayan Sharma, A.C. to A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 25-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has prayed for the following relief:- "For issuance of an appropriate writ in the nature of Habeas Corpus to release the petitioner according to the policy decision of the State Government pursuant to Law Department's Letter No. 550 dated 21.01.1984 amended with Memo No. 3106 dated 10.12.2002, as he is serving sentence of R.I. for Life on being convicted under Section 302/149 of the I.P.C. by the

Patna High Court CR. WJC No.1510 of 2019(3) dt.25-11-2019 2/2 judgment dated 18.12.2007 passed by Sri Umesh Chandra Mishra, learned Additional District and Sessions Judge, F.T.C.-5, Rohtas in Sessions Trial No. 39/2005/225/2007 (Nasriganj P.S. Case No. 30/2004)."

After the matter was heard for some time, learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to approach the appropriate authorities seeking appropriate relief, as the petitioner is entitled to, in accordance with law.

We are hopeful that such representation shall be considered and decided expeditiously, in accordance with law. The petition stands dismissed as withdrawn with the liberty aforesaid.

(Sanjay Karol, CJ) (Dinesh Kumar Singh, J) P.K.P./- U