Patna High CourtCR. WJC/3/2018disposed

Happu Singh v. The State Of Bihar Through Secretary Department Of Home Affairs Government Of Bihar, Patna Andors

2018-01-31Mr. Justice Dr. Ravi Ranjan,Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3 of 2018 Arising Out of PS. Case No.-29 Year-2010 Thana- GOVINDPUR District- Nawada ====================================================== Happu Singh son of Late Faudari Singh resident of village - Kohila, P.S. Akbarpur, District - Nawada.

... ... Petitioner/s

Versus

1. The State of Bihar through Secretary Department of Home Affairs Government of Bihar, Patna.

2. The I.G. Prison, Bihar, Patna.

3. The Superintendent of Police, Nawada.

4. The Jail Superintendent, Sub Jail, Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar Prabhakar, Advocate Mr. Uma Shankar Sharma, Advocate For the Respondent/s :

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

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) 31-01-2018 This application has been filed for a direction to the respondents to calculate the period of remission granted to the petitioner and direct for his premature release as per the short sentencing policy of the State of Bihar. The petitioner is serving a sentence of 10 years in connection with Sessions Trial No. Special (H) 60/2010 arising out of Gobindpur P.S. Case No. 29/2010.

A counter affidavit has been filed on behalf of the respondent Nos. 1, 2 and 4 appending therewith calculation-

Patna High Court Cr. WJC No.3 of 2018(3) dt.31-01-2018 2/2 sheet as Annexure-1 to show that the petitioner has actually completed 7 years 7 months and 7 days and 8 years 11 months and 16 days with remission and, as such, his case would be ripe for consideration on 22.06.2019.

Accordingly, this writ petition stands disposed of with a direction to the respondent authorities that no sooner the required incarceration period along with remission of the petitioner is completed, his case for release be considered in accordance with law.

(Dr. Ravi Ranjan, J) ( Prakash Chandra Jaiswal, J) Pankaj/- U