IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.2268 of 2024 Arising Out of PS. Case No.-162 Year-2002 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== 1. Sahani Khatoon wife of Md. Daud Vill -Ahmadganj PS -Sahebpur kamal Dist -Begusarai 2. Md. Naushad Alam son of Md. Daud Vill -Ahmadganj PS -Sahebpur kamal Dist -Begusarai ... ... Petitioner/s Versus 1. The State of Bihar Through The Chief Secretary, Govt. of Bihar, Patna Bihar 2. The Principal Secretary, Home Dept. Govt. of Bihar, Patna bihar 3. The State Sentence Remission Board through its Chairman Govt. of Bihar Patna bihar 4. The Secretary-cum-law Remembrance, Law Dept. Govt. of Bihar, Patna Bihar 5. The Director General of Police, Police Dept. Govt. of Bihar, Patna Bihar 6. The Director, Probation Service, Govt. Of Bihar, Patna bihar 7. The Inspector General of Police (Prison), Jail Reforms, Govt. of Bihar, Patna Bihar 8. Superintendent of Jail, Central Jail , Bhagalpur Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Vivekanand Vivek For the Respondent/s : Mr.A.G. Mr. Prabhu Narayan Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 04-08-2025 Heard the parties. 2. By way of this writ application, the petitioners have prayed for the following reliefs:- I. For issuance of an appropriate writ/ writs/order/orders/direction/directions commanding the respondents to consider the premature release of the petitioners according to Patna High Court CR. WJC No.2268 of 2024(4) dt.04-08-2025 2/4 the policy decision of the Bihar State Government in pursuance to Law Department's Letter No-550 dated 25.5.1985 after quashing the order/decision dated 27/08/2021 passed by the State Remission Board arising out of Cr. WJC No- 385 of 2021 as well as subsequent order/decision dated 28/12/2023 contained in P/5 series of the application whereby and where under the State Remission Board has rejected the premature release of the petitioners without considering the notification of the year 1984, in connection with Session Trial No- 304 of 2003 arising out of Sahebpur Kamal P.S. Case No- 162 of 2002 passed by Sri Dharamnath Prasad Verma, FTC-1, Begusarai. II. For issuance of an appropriate writ/writs/order/orders/direction/directions commanding the respondents to consider the premature release of the petitioners on the basis of previous notification of the State Govt. and the order passed in Cr. WJC No-335/2021 taking into consideration of their health and old age as well as keeping in view their conduct during the period of serving the sentence. III. For issuance of an appropriate writ / writs/order/orders/direction/directions commanding the respondents to declare that the decision of State Remission Board passing the order of rejection for premature release of the petitioners arising out of MJC No- 1841 of 2021 Patna High Court CR. WJC No.2268 of 2024(4) dt.04-08-2025 3/4 and Cr. W.J.C No-385 of 2021 are illegal, arbitrary and against the Government Letter dated 25/05/1985 whereby the Jail Superintendent is himself competent to release the prisoners on completion of 14 years of sentence excluding the period of remission. IV. For issuance of the an appropriate writ/ writs/order/orders/direction/directions commanding respondents to declare the decision/order of State Remission Board contained in Annexure- P/ 5 series of the application are illegal, arbitrary and non-consideration of Notification dated 25/05/1985 whereby the case of the petitioners have been rejected on the basis of amended Notification vide Memo No. 3106 dated 10.12.2002. 3. Learned counsel for the State very fairly submits that the guidelines of Government issued in the year 1984 are applicable in the case of the petitioners and therefore the case of the petitioners may be remanded back to the respondents for fresh consideration in light of the circular of the Government issued in 1984 and also in view of the Judgment of this Court passed in the case of Pradeep Kumar Srivastava Vs. The State of Bihar reported in 2022 (1) PLJR 217 and in the case of Munna Singh @ Ajay Sharma Vs. The State of Bihar reported in 2024 SCC OnLine Pat-894. Patna High Court CR. WJC No.2268 of 2024(4) dt.04-08-2025 4/4 4. In view of the above, this application is disposed of with a liberty to the petitioner to file a fresh application before the authorities concerned and if such an application is filed then his application must be considered in light of the judgment of this Court passed in the cases of Pradeep Kumar Srivastava Vs. The State of Bihar (Supra) and Munna Singh @ Ajay Sharma Vs. The State of Bihar within three months of its filing. 5. With the aforesaid direction, this application is disposed of. Vikas/- (Sandeep Kumar, J) U