Chitranjan Kumar @ Babloo Singh v. The State Of Bihar Through Chief Secretary, Gov. Of Bihar, Patna 1

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1973 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Chitranjan Kumar @ Babloo Singh ... ... Petitioner/s

Versus

The State of Bihar through Chief Secretary, Gov. of Bihar, Patna 1 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Adv.

For the Respondent/s :

Mr. Prabhat Kumar Verma, Adv.

Mr. Suman Kumar Jha, AC to AAG -3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 30-07-2024 Heard the matter.

2. The petitioner has filed this writ petition for quashing the impugned order dated 19.07.2023 whereby and where under the State Sentence Remission Board rejected the proposal for premature release of the petitioner on the ground that earlier petition filed by the petitioner herein i.e. Cr. W.J.C. No. 1330 of 2021 has been already rejected by this court and the order of the board has been already affirmed vide that order.

3. It is submitted by the learned counsel for the petitioner that though, the earlier writ petition filed by the petitioner i.e. Cr. W.J.C. No. 1330 of 2021 has been rejected by the co-ordinate bench of this court, however, subsequent to that co-accused of the same trial namely Munna Singh @ Ajay Sharma also preferred a Criminal Writ petition bearing no. 722

Patna High Court CR. WJC No.1973 of 2023(6) dt.30-07-2024 2/3 of 2023 before the Division Bench of this court and the Division Bench vide its order dated 08.04.2024 quashed the decision dated 09.09.2022 taken by the State Sentence Remission Board and remitted the matter back to the board for fresh consideration of the proposal of the petitioner for premature release.

4. Learned counsel submits that the matter of the present petitioner is also squarely covered with the said judgment passed by the coordinate bench of this court. Therefore, he prayed that this petition may be disposed of by quashing the impugned order dated 19.07.2023 and, direction may be issued to the board to reconsider the matter of the petitioner in the light of the judgment passed by the division bench of this court in case of Munna Kumar @ Ajay Sharma (Supra).

5. Learned counsel for the Respondent - State fairly admitted the fact that the matter of the petitioner is also squarely covered with the judgment passed by the Division Bench i.e. Munna Singh (Supra).

6. On the basis of above submission made by counsels the petition is disposed of. The impugned order 19.07.2023 passed by Inspector General of Police (Prison) Jail Reforms vide its letter Memo No. - 6230 is hereby quashed and set aside.

Patna High Court CR. WJC No.1973 of 2023(6) dt.30-07-2024 3/3 The matter is remitted back to the Remission Board to reconsider the case of petitioner afresh in the light of the observation made by this Court in the Munna Singh @ Ajay Sharma (Supra) within a period of two months. (Arvind Singh Chandel , J) Siddharth Soni/- U T