Patna High Court
SHAMBHU KAHARversusThe State of Bihar Through Chief Secretary, Govt. of Bihar Patna.
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The Court directed the State Sentence Remission Board to place the petitioner's matter before it within four weeks and to decide on the request for premature release within the next four weeks.
Summary
Shambhu Kahar, convicted under IPC sections 302 and 149 and Arms Act section 27 and sentenced to life imprisonment, claimed that he had completed the qualifying period of actual custody (14 years) and total custody with remission (20 years). He filed a writ petition seeking a direction to the State Sentence Remission Board to consider his premature release. Although the State did not appear, a counter‑affidavit acknowledged his completion of the required period and that his proposal had not yet been placed before the Board. The High Court directed the Board to place the matter before it within four weeks, obtain any necessary reports, and render a decision within a further four weeks. The petition was thereafter disposed with these directions.
Issues considered
- Whether the State Sentence Remission Board must consider a petitioner's request for premature release after the qualifying period of incarceration is completed
- Whether the High Court can issue a mandatory timeline for the Board to consider and decide the petition
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 149, 302
Subjects
- life imprisonment
- sentence remission
- premature release
- IPC 302
- IPC 149
- Arms Act 27
- High Court writ petition
- remission board
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1377 of 2022
Arising Out of PS. Case No.-13 Year-2002 Thana- NOKHA District- Rohtas
======================================================
Shambhu Kahar, S/o Akashat Kahar @ Achhat Kahar, Resident of village-
Pipra, P.S.- Nokha, District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar Through Chief Secretary, Govt. of Bihar Patna. Bihar
2. The Union of India Through Home Secretary, New Delhi. Bihar
3. The State Sentence Remission Board Through the Principal Secretary, Dept.
of Home, Govt. of Bihar Patna Bihar
4. The Joint Sect. Cum Director (Administration), Home Dept. (Prison), Bihar,
Patna Bihar
5. The Secretary, Law Dept., Govt. of Bihar, Patna Bihar
6. The Additional Director General of Police, Criminal Investigation Dept.,
Bihar, Patna Bihar
7. The Inspector General, Jail and Reforms Services, Bihar, Patna Bihar
8. The Assistant Inspector General Jail and Reforms Services, Bihar, Patna
Bihar
9. The Jail Superintendent, Sasaram Jail, Sasaram, Rohtas Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra, Advocate
Mr. Rakesh Narayan Singh, Advocate
For the Respondent/s : None.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 23-02-2026
Heard learned counsel for the petitioner.
02. However, there is no representation on behalf of the
State-respondents.
03. The petitioner has filed the present writ petition
seeking direction to the respondent no.3/State Sentence
Remission Board/ (hereinafter referred to as ‘the Board’) to
consider the case of the petitioner for his premature release by
Patna High Court CR. WJC No.1377 of 2022 dt.23-02-2026
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extending the benefit of remission on the ground that he has
already completed the qualifying period of incarceration
entitling him of such benefit.
04. The learned counsel for the petitioner submits
that the petitioner has been convicted for the offence under
Sections 302/149 of the Indian Penal Code and Section 27 of
the Arms Act after facing trial, vide Sessions Trial No. 412 of
2002, arising out of Nokha P.S. Case No. 13 of 2002, by the
learned Additional Sessions Judge, FTC-1, Rohtas at Sasaram,
vide judgment of conviction dated 28.06.2006 and has been
sentenced to undergo rigorous imprisonment for life with fine
vide order of sentence dated 03.07.2006. Being aggrieved by the
aforesaid judgment and order, the petitioner filed Cr. Appeal
(DB) No. 705 of 2006 before this Court, which upheld and
confirmed the judgment and order of the learned trial court vide
judgment dated 23.11.2012. 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.
05. Though there is no representation on behalf of the
State-respondents, but the counter affidavit filed on behalf of
respondent nos.3, 4, 7, 8 & 9 is on record wherein it has been
Patna High Court CR. WJC No.1377 of 2022 dt.23-02-2026
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admitted that the petitioner has completed 14 years of his actual
custody and 20 years of custody with remission on 30.09.2022
and it has also been submitted that the proposal of the petitioner
for premature release would be put up in the next meeting of the
Board for consideration.
06. At this stage, the learned counsel for the petitioner
submits that so far as his instruction, the matter has not been put
up before the Board till date.
07. In the light of the aforementioned facts and
circumstances, the concerned respondent authorities are directed
to place the matter of the petitioner before the Board within a
period of four weeks after obtaining necessary reports from the
statutory authorities, if required. Thereafter, appropriate
decision in the matter of the petitioner be taken by the Board in
accordance with law within a period of next four weeks.
08. With the aforesaid observations/directions, the
present writ petition stands disposed of.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.02.2026
Transmission Date 23.02.2026
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