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
Checking your session…