IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.876 of 2024 Arising Out of PS. Case No.-341 Year-2006 Thana- BANKA District- Banka ====================================================== Gokul Yadav Son Of Mahendra Yadav Resident Of Village Chakadih, P.S. -Banka, District -Banka ... ... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary Dept Of Home, Govt. Of Bihar, Old Secretariat, Bihar 2. Director General Of Police, Bihar, Patna Bihar 3. The Additional Director General Of Police Cum Special Secretary, Home, Govt. Of Bihar, Patna Bihar 4. The Inspector General Of Prision Bihar, Patna Bihar 5. Deputy Inspector General Of Police, Prison And Reform Services Bihar Patna Bihar 6. The Law Secretary Govt. Of Bihar, Patna Bihar 7. District Magistrate, Banka Bihar 8. Superintendent Of Police, Banka Bihar 9. The Jail Superintendent District Jail , Banka Bihar 10. Probation Officer, Banka Bihar ... ... Respondent/s ====================================================== with Criminal Writ Jurisdiction Case No. 681 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== Chintu singh @ vijay singh son of late jamuna singh r/o- angreji bajar- sonepur, p.s.- sonepur, dist.- saran (chapra). ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Home, Govt. of Bihar, Patna. Bihar 2. The Chief Secretary, Home, Govt. of Bihar, Patna. Bihar 3. The Additional Chief Secretary, Home, Govt. of Bihar, Patna. Bihar 4. The Director General of Police, Bihar, Patna. Bihar 5. The Law Secretary, Department of Law, Govt. of Bihar, Patna. Bihar 6. The Inspector General of Prison, Govt. of Bihar, Patna. Bihar 7. The Assistant Inspector General of Prison, Govt. of Bihar, Patna. Bihar 8. The Deputy Superintendent of Jail, Shaheed Jubba Sahni, Central Jail, Patna High Court CR. WJC No.876 of 2024(7) dt.07-08-2025 2/6 Bhagalpur, Bihar. Bihar ... ... Respondent/s ====================================================== with Criminal Writ Jurisdiction Case No. 1152 of 2023 Arising Out of PS. Case No.-39 Year-2002 Thana- FALKA District- Katihar ====================================================== Anuj Kumar Gupta @ Sethi Gupta S/O Girendra Prasad Gupta @ Girendra Gupta R/O Vill. Falka, Ps. Falka, Dist. Katihar Bihar ... ... Petitioner/s Versus 1. The State Of Bihar Through Sri Amir Subhani The Chief Secretary, Govt. Of Bihar, Old Secretariat Bihar, Patna 2. The Chief Secretary Govt. Of Bihar, Old Secretariat Patna Bihar, Patna 3. The Additional Chief Secretary Home, Govt. Of Bihar, Patna Bihar, Patna 4. The Law Secretary, Dept. Of Law Govt. Of Bihar, Patna Bihar, Patna 5. The Inspector General Of Prison, Govt. Of Bihar, Patna Bihar, Patna 6. The Assistant Inspector General Of Prison And Reformatory Services Govt. Of Bihar, Patna Bihar, Patna 7. The Deputy Superintendent Of Jail , Buxar Bihar, Buxar ... ... Respondent/s ====================================================== with Criminal Writ Jurisdiction Case No. 2004 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Buxar ====================================================== Pappu Giri Son Of Satya Narayan Giri R/O Vill - Basaur, P.S. - Udawantnagar, Distt. - Bhojpur ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary Gov. of Bihar, Patna Bihar 2. The State Sentence Remission Board through the Principal Secretary Home Dep. Gov. of Bihar, Patna Bihar 3. The Joint Secretary cum Director (Administration) Home Department (Prison) Bihar Patna Bihar 4. The Secretary Law Department Government of Bihar, Patna Bihar 5. The Additional Director General of Police Criminal Investigation Department Bihar Patna Bihar 6. The Inspector General Jail and Reforms Services Bihar Patna Bihar 7. The Assistant Inspector General Jail and Reforms Services Bihar Patna Bihar Patna High Court CR. WJC No.876 of 2024(7) dt.07-08-2025 3/6 8. The Jail Superintendent Buxar Central Jail Buxar Bihar ... ... Respondent/s ====================================================== Appearance : (In Criminal Writ Jurisdiction Case No. 876 of 2024) For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate Mrs. Priyanka Singh, Advocate For the Respondent/s : Mr.A.G. (In Criminal Writ Jurisdiction Case No. 681 of 2023) For the Petitioner/s : Mr. Vijay Kr. Singh, Advocate Mr. Abhinav Shandilya, Advocate Mr. Surendra Kumar Singh, Advocate For the Respondent/s : Mr. Md. Nadim Seraj Md. Iqbal Asif Niaz AC to GP 5 (In Criminal Writ Jurisdiction Case No. 1152 of 2023) For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Respondent/s : Mr. Prabhat Kumar Verma AAG 3 Mr. Suman Kumar Jha AC to AAG 3 (In Criminal Writ Jurisdiction Case No. 2004 of 2023) For the Petitioner/s : Mr. Prabhat Kumar Singh For the Respondent/s : Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 7 07-08-2025 Ref:- Cr.W.J.C. No. 876 of 2024 Heard the learned Senior Counsel for the petitioner and Mr. Sharma, learned counsel for the State. 2. The learned Senior Counsel for the petitioner, Mr. Verma prays for some time to file an interlocutory application for challenging the decision rejecting the prayer for remission by the State Sentence Remission Board. 3. Re-list this case after two weeks to enable the learned Senior Counsel for the petitioner to file an interlocutory application. In the I.A., the learned senior counsel for the petitioner will annex the Judgment of Conviction by the Trial Court, the Judgment of the High Court in Cr. Appeal and the Patna High Court CR. WJC No.876 of 2024(7) dt.07-08-2025 4/6 judgment of the Hon’ble Supreme Court affirming the sentence. Ref: Cr.W.J.C. No. 681 of 2023 4. Heard the learned counsel for the petitioner and the learned counsel for the State. 5. I.A. No. 01 of 2025 has been filed for seeking some additional reliefs from this Court in view of the subsequent developments which had taken place after filing of the instant writ petition. The petitioner has sought the further relief (Mentioned in paragraph No. 4 of the I.A.) which reads as follows: (A). For issuance of an appropriate writ in the nature of Certiorari for quashing the decision of the State Remission Board passed in its meeting dated 09.09.2022, so far it relates to the petitioner whereby and whereunder the State Remission Board has been pleased to reject the proposal of the petitioner for his pre- mature release /permanent remission in view of the clause (iv) (k) and (iv) (kha) of the Notification No.3106 dated 10.12.2002 as also on the ground that there is no favourable report of the Superintendent of Police on the ground that clause (iv) (k) and (iv) (kha) of the Notification No.3106 dated 10.12.2002 is not applicable in the case of the petitioner since the petitioner does not come under the category as mentioned in the said clauses. Patna High Court CR. WJC No.876 of 2024(7) dt.07-08-2025 5/6 6. For the reasons mentioned in the I.A. No. 01 of 2025, the I.A. No. 01 of 2025 is allowed. Let the prayer made in paragraph no. 4 of the interlocutory application be treated as a part of the relief sought for in paragraph no. 1 of the main writ petition and the facts stated in the interlocutory application be treated as a part of the main writ petition. 7. By the impugned order dated 09.09.2022, the State Remission Board has rejected the proposal of the petitioner for his pre-mature release/permanent remission. 8. The learned counsel for the petitioner has submitted that the case of co-convict namely Birendra Bhagat was considered by a co-ordinate Bench of this Court in Cr. W.J.C. No. 1006 of 2022 and his case was recommended for re- consideration. 9. In these circumstances, this Court quashed the impugned order dated 09.09.2022 passed by the State Remission Board so far as it relates to the petitioner. 10. The petitioner is directed to file a fresh application for remission which shall be considered by the State Remission Board within two months in accordance with law and in light of the judgment dated 15.07.2024 passed in Cr. W.J.C. No. 1006 of 2022 by a co-ordinate Bench of this Court. Patna High Court CR. WJC No.876 of 2024(7) dt.07-08-2025 6/6 11. With the aforesaid observation and direction, this application is disposed of. Ref:- Cr.W.J.C. No. 1152 of 2023 & Cr.W.J.C. No. 2004 of 2023 12. Re-list these cases after two weeks. Shishir/- (Sandeep Kumar, J) U