IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2305 of 2025 Arising Out of PS. Case No.-63 Year-2008 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Muslim Miyan Son of Sahebjan Miyan R/O- Vill- Balochak, P.S- Chakiya, Distt- East Champaran ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna Bihar 2. The State Sentence Remission Board Through the Principle Secretary, Home Dept. Govt. of Bihar,Patna bihar 3. The Joint secretary-cum- Director (Administration ) Home Dept. (Prison) Bihar, Patna bihar 4. The Secretary Law Dept. Govt. of Bihar, Patna bihar 5. The Additional Director General of police, Criminal Investigation Dept. Bihar, Patna bihar 6. The Inspector General, Jail and Reforms Services, Bihar, Patna bihar 7. The Assistant Inspector General Jail and Reforms Service, Bihar, Patna bihar 8. The Jail Superintendent, Central Jail, Motihari Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ratnakar Pandey, Advocate For the Respondent/s : Mr. Raghwanand, GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 23-02-2026 Heard learned counsel for the parties. 02. The present writ petition has been filed seeking following relief(s):- "(i) For issuance of an appropriate writ in Patna High Court CR. WJC No.2305 of 2025 dt.23-02-2026 2/5 the nature of MANDAMUS, commanding and directing the Respondent no. 8 to send the proposal along with relevant reports of the prescribed Authorities as required under the law to the State Remission Board for grant of pre-mature release of the petitioner in connection with Sessions Trial No. 494 of 2011 arising out of Town P.S. Case No. 63/08 by which the petitioner was convicted for life along with fine of Rs.25000/- for the charge u/s 302/34 IPC, further sentenced to undergo R.I. for 10 years along with fine of Rs.10000/- u/s 307/34 IPC, further sentenced to undergo R.I. for 4 years u/s 27 of the Arms Act, further sentenced to undergo R.I. for 10 years u/s 3 Explosive Substance Act and also sentenced to undergo R.I. for 7 years u/s 4 Explosive Substance Act. (ii) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent State Remission Board to consider the case of the petitioner for pre-mature release and grant pre-mature release to the petitioner on the ground that now the petitioner has already completed more than 14 years of his physical incarceration and he has also completed more than 20 years with remission taking into consideration that the case of the Patna High Court CR. WJC No.2305 of 2025 dt.23-02-2026 3/5 petitioner has been convered under Notification no-3106, dated 10.12.2002 1984 policy. (iii) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent No. 8 to obtain the period of remission/special remission as granted to the petitioner and the period of custody, where the petitioner was lodged after conviction, if it is not obtained. (iv) For issuance of any other appropriate writ/writs, order/orders direction/directions for which the writ petitioner would be entailed under the facts and circumstances of the case." 03. The learned counsel for the petitioner submits that the petitioner has been convicted for the offence under Sections 302/34, 307/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3/4 of Explosive Substances Act after facing trial, vide Sessions Trial No. 494 of 2011, arising out of Town P.S. Case No. 63 of 2008, by the learned 14th Additional District & Sessions Judge, East Champaran at Motihari, vide judgment of conviction dated 23.02.20217 and has been sentenced to undergo rigorous imprisonment for life with fine vide order of sentence dated Patna High Court CR. WJC No.2305 of 2025 dt.23-02-2026 4/5 27.03.2017. Being aggrieved by the aforesaid judgment and order, the petitioner filed Cr. Appeal (DB) No. 513 of 2017 before this Court, which upheld the conviction of the petitioner under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3/4 of Explosive Substances Act and the conviction of the petitioner under Sections 307/34 of the Indian Penal Code was set aside vide judgment dated 20.09.2017. The learned counsel further submits that the petitioner has already completed for more than 14 years of his actual incarceration and more than 20 years with remission. But till date the authorities have not referred the matter of the petitioner for consideration for premature release before the State Sentence Remission Board. 04. In the light of submission of learned counsel for the petitioner and the averments made in the writ petition duly supported with affidavit, the concerned respondent authorities are directed to place the matter of the petitioner before the State Sentence Remission Board within a period of six weeks after obtaining necessary reports from the statutory authorities. Thereafter, appropriate decision in the matter of the petitioner be taken by the Board in accordance with law within a period of next six weeks. Patna High Court CR. WJC No.2305 of 2025 dt.23-02-2026 5/5 05. With the aforesaid observations/directions, the present writ petition stands disposed of. DKS/- (Arun Kumar Jha, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 24.02.2026 Transmission Date 24.02.2026