IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.65 of 2025 Arising Out of PS. Case No.-361 Year-2010 Thana- SITAMARHI District- Sitamarhi ====================================================== Ram Lobhit Rai Son of Chandeshwar Rai @ Chandeshwar Ray village- Basbariya Tola, ward no. 12, po- Mehsaul, Ps- sitamarhi, Dist- Sitamarhi ... ... 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 Principal Secretary, Home Dept. Govt. of Bihar,Patna bihar 3. The Joint Secretary-Cum-Director (Administratin), Home Dept. (Prison), Bihar, Patna bihar 4. The Secretary, Law Dept., Govt. of Bihar Patna Bihar 5. The Additional Director General of Police, CID , Bihar, Patna bihar 6. The Inspector General Jail and Reforms Services, Bihar, Patna bihar 7. The Assistant Inspector General, Jail and Reforms bihar 8. The Assistant Inspector General , Jail and Reforms Services, Bihar, Patna bihar 9. The Superintendent, Shahid Khudiram Bose Central Jail, Muzaffarpur bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Singh For the Respondent/s : Mr. A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 06-05-2025 Heard the learned counsel for the petitioner and the learned counsel for the State. 2. This application has been filed on behalf of the petitioner seeking for the following relief(s): “(I). For issuance of an appropriate writ in the nature of Certiorari for quashing the letter no. 11061 dated 11.11.2024 issued by the Respondent no.8 addressed to the Respondent no.7, whereby and where Patna High Court CR. WJC No.65 of 2025(2) dt.06-05-2025 2/3 under he informed that the petitioner is not eligible for consideration of his pre-mature release since as per calculation dated 11.11.2024, the petitioner had completed 14 years 04 months and 24 days of his physical incarceration and 18 years 11 months 12 days with remission and he had not completed 20 years with remission on the ground that in view of clause- III(a) of the Notification dated 10.12.2002 and Section 481(i) of the Bihar Prison Manual, 2012, the life convict is eligible only after completion of 14 years of his physical incarceration and there is no condition for completion of 20 years with remission. (II). For issuance of an appropriate writ in the nature of mandamus commanding and directing the Respondent nos.8 and 9 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.585 of 2010 arising out of Sitamarhi P.S. Case No.361 of 2010 dated 18.06.2010 in which the petitioner was convicted for life under Sections 304B/34, 302/34 of the Indian Penal Code vide judgment dated 29.08.2012 and order on the point of sentence dated 30.08.2012 passed by the learned Ad-hoc Additional Sessions Judge-6 Sitamarhi. (iii). For issuance of an Patna High Court CR. WJC No.65 of 2025(2) dt.06-05-2025 3/3 appropriate writ in the nature of Mandamus commanding and directing the Respondent State Remission Board to consider the case of the petitioner for grant of pre-mature release and grant pre-mature release to the petitioner on the ground that the petitioner had already completed 14 years 04 months and 24 days of his physical incarceration on 11.11.2024 as informed by the Respondent no.8 to the Respondent no. 9.” 3. This application is disposed of with a direction to the authorities concerned to consider the application of the petitioner for premature release in accordance with law and in view of the order of this Court passed in Cr. W.J.C. No. 1895 of 2023 (Bharat Singh Vs The State of Bihar & Ors). Shishir/- (Sandeep Kumar, J) U T