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Patna High CourtMJC/4514/2019disposed

In Reg. Suo Motu Cognisance By Double Bench Arising Out Of Order Dt. 23.10.2019 v. The State Of Bihar

2019-12-02The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4514 of 2019 In Criminal Writ Jurisdiction Case No.1027 of 2019 ====================================================== In Reg. Suo Motu cognisance by Double Bench arising out of order dt. 23.10.2019 Passed in Cr. W.J.C. 1027 of 2019 and M.J.C. No. 1828/2019 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Deepak Kumar ,the Chief Secretary Govt. of Bihar, Old Secretariat, Patna, Bihar.

3.

Amir Subhani The Principal Secretary, Department of Home, Govt. of Bihar, Patna.

4.

Amir Subhani Chairman, the State Sentence Remission Board, Govt. of Bihar, Patna.

5.

Akhilesh Kumar Jain, The Law Secretory cum Legal Remembrance, Department of Law, govt. of Bihar, Patna.

6.

Gupteshwar Pandey, The Director General of Police, Govt. of Bihar, Patna. 7.

Om Prakash Gupta, The Director, Probation Services, Govt. of Bihar, Patna. 8.

Mithilesh Mishra, The Inspector General, Prison and Jail Reforms, Govt. of Bihar, Patna.

9.

J.S. Gangwar, The Additional Director General of Police, Criminal Investigation Department, Govt. of Bihar, Patna. 10.

Rajiv Kumar, The Superintendent, Gaya Central Jail, Gaya, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.Lalit Kishore A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02-12-2019 In the response dated 2.12.2019, taken on record, Mr. Lalit Kishore, learned Advocate General has made following arguments:- "6. That the proposal of the petitioner's father was put up before the Remission Board in its meeting dated 19.11.2019 for consideration in the light of order of the Hon'ble Court dated 23.10.2019

Patna High Court MJC No.4514 of 2019(2) dt.02-12-2019 2/2 passed in Cr.W.J.C. No. 1027 of 2019 with M.J.C. No. 1828 of 2019 and the Remission Board in obedience of the order of the Hon'ble Court, unanimously recommended to release the father of the petitioner. A photo copy of minute of the proceeding of the Remission Board is annexed herewith and marked as Annexure-A to this show cause.

8. That after going through the order passed by the Hon'ble Court dated 23.10.2019 in Cr. W.J.C. No. 1027 of 2019 with M.J.C. No. 1828 of 2019, the Remission Board after due consideration decided to recommend the father of the petitioner for premature release."

Learned Advocate General states that pursuant to the recommendation, the matter will be expeditiously and positively taken to its logical end within a period of two weeks. The aforesaid statement is accepted and taken on record.

In view of the same, we dispose of the present petition.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) spandey/- U