Created by Fuzzy Cloud

Patna High Court

Sudhir Mahto @ Sudhir KumarversusThe State of Bihar through the Additional Chief Secretary, Department of Home

Decided
Disposal
DISPOSED

Holding

The writ application is disposed of, with the Court directing the respondents to consider the petitioner's remission claim in accordance with law, following the earlier judgment.

Summary

The petitioner, Sudhir Mahto, convicted under IPC Section 364(A) and sentenced to life imprisonment, has served more than 16 years in actual custody and over 20 years including remission. He filed a criminal writ petition seeking a habeas corpus writ directing the respondents to grant him remission and release him from jail. The petitioner relied on an earlier writ application that was dismissed by a coordinate bench, which directed him to approach the Sentence Remission Board when eligible. The respondents raised no objection to the present prayer. The Court, noting the earlier judgment, disposed of the present petition and directed the concerned authorities to consider the petitioner's remission claim in accordance with law.

Issues considered

  • Whether a criminal writ petition for remission and release can be entertained when a prior judgment has already directed the petitioner to approach the Sentence Remission Board.
  • Whether the High Court can direct the remission authorities to consider the petitioner's claim despite the earlier dismissal.

Subjects

  • habeas corpus
  • sentence remission
  • life imprisonment
  • IPC 364A
  • criminal writ jurisdiction
  • high court disposal
  • remission board

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.262 of 2026
                      Arising Out of PS. Case No.-199 Year-2002 Thana- MOKAMAH District- Patna
                 ======================================================
                 Sudhir Mahto @ Sudhir Kumar, S/o Bishundeo Mahto, R/o Village - Dumri,
                 P.S - Barahiya, District - Lakhisarai

                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Home
           2.    The Director General of Police, Government of Bihar, Patna
           3.    The Joint Secretary-cum- Director (Administration), Home Department
                 (Prison), Government of Bihar Patna,
           4.    The State Sentence Remission Board through the Additional Director
                 General of Police (Prison) Government of Bihar, Patna
           5.    The Inspector General, Prison and Reforms Services, Government of Bihar,
                 Patna
           6.    The Jail Superintendent of Special Central Jail, Bhagalpur, Bihar, Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Suraj Narain Yadav, Advocate
                 For the Respondent/s   :        Mr. AC to AG
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

2   05-02-2026                 Heard learned counsel for the parties.

                               2. Following reliefs are sought in the present criminal

                   writ application:

                                  “For issuance of a writ in the nature of habeas corpus
                                  directing the respondents to consider the case of the
                                  petitioner for grant of remission to him and release him
                                  from the Jail who have completed more than 16 years in
                                  actual custody and more than 20 years in custody with
                                  remission as he has been convicted U/S 364(A) IPC and
                                  sentenced R.I. for life and Fine of Rupees 5000/- and in
                                  default imprisonment for 3 months by Judgment and
Patna High Court CR. WJC No.262 of 2026(2) dt.05-02-2026
                                            2/3




                          Order dated 27.10.2009 passed by Addl. Sessions
                          Judge, Barh in Sessions Trial No. 1046/2004 arising out
                          of Mokama P.S.Case No. 199/2002, which has been
                          upheld by the Hon’ble Patna High Court by judgment
                          dated 22.07.15 passed in Cr.App.(DB) No. 121 of
                          2010.”


                       3. Learned counsel for the petitioner submits that the

          petitioner had earlier approached this Court seeking identical

          relief, and the said criminal writ application was disposed of by

          a Co-ordinate Bench of this Court vide judgment dated

          08.02.2023 passed in Cr. W.J.C. No. 1193 of 2022, titled Sudhir

          Mahto @ Sudhir Kumar vs. The State of Bihar & Ors., whereby

          appropriate directions were issued to the respondent authorities

          to consider the claim of the petitioner for remission in

          accordance with law. The relevant part of the said judgment

          reads as under:

                                   “Therefore, in the present facts and
                          circumstances the present writ application stands
                          dismissed. However, the petitioner is at liberty to
                          approach the Sentence Remission Board after being
                          eligible to be considered for remission of his sentence.
                          In case, the petitioner approaches the Sentence
                          Remission Board after being eligible to be considered
                          for remission of his sentence, the Board shall consider
                          the case of the petitioner and pass reasoned order, after
                          taking into consideration all the necessary and relevant
                          factors.
                                   With the aforesaid observation/direction the
                          present writ application stands disposed of.”

                       4. It is further submitted by the learned counsel for the

          petitioner that since the grievance of the petitioner still survives,
          Patna High Court CR. WJC No.262 of 2026(2) dt.05-02-2026
                                                      3/3




                    the present criminal writ application may also be disposed of in

                    terms of the aforesaid judgment dated 08.02.2023.

                                 5. Learned counsel for the respondents does not raise

                    any objection to the prayer so made on behalf of the petitioner.

                                 6. In view of the aforesaid submissions and

                    considering the nature of the relief sought in the present

                    criminal writ application, the same is disposed of in light of the

                    judgment dated 08.02.2023 passed in Cr.W.J.C. No. 1193 of

                    2022 titled as Sudhir Mahto @ Sudhir Kumar vs. The State of

                    Bihar & Ors.

                                 7. It is further directed that the concerned respondent

                    authorities shall consider the case of the petitioner in accordance

                    with law and pass appropriate orders as expeditiously as

                    possible.

                                 8.Pending application, if any, shall also stand disposed

                    of.



                                                (Sudhir Singh, J)


                                           (Rajesh Kumar Verma, J)
Sujit/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.