Patna High Court
Hamid AnsariversusThe state of Bihar through Chief Secretary, Government of Bihar, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The Court directed that the petitioner’s case be placed before the State Sentence Remission Board for consideration, ordering the respondents to obtain necessary reports within two months and the Board to decide within three months.
Summary
The petitioner, Hamid Ansari, was convicted of murder and originally sentenced to death, which was later commuted to life imprisonment by the Patna High Court. The division bench had directed that he be eligible for remission under CrPC Section 432 after completing fourteen years of custody, including pre‑trial detention. The State argued that, under Bihar Prison Manual Rule 481(i) and sub‑rule 2(c), a life‑imprisoned convict whose death sentence was commuted is eligible for premature release only after twenty years, and therefore the petitioner’s case had not yet become eligible for consideration before the State Sentence Remission Board. The petitioner sought a writ of mandamus directing the prison authorities to forward his remission proposal to the Board. The Court, without deciding the precise eligibility period, ordered the respondents to obtain the requisite reports within two months and to place the petitioner’s case before the State Remission Board, which must consider it within three months, and then disposed of the petition.
Issues considered
- Whether the petitioner is eligible for remission under CrPC Section 432 after fourteen years of incarceration despite the State’s reliance on Bihar Prison Manual Rule 481(i) requiring twenty years.
- Whether the High Court can issue a mandamus directing the prison authorities and the State Sentence Remission Board to consider the petitioner’s remission application.
- The effect of the division‑bench judgment in Death Reference No. 03 of 2015 on the present remission claim.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 432
- Indian Penal Code — s. 149, 302
Subjects
- remission
- life imprisonment
- mandamus
- CrPC 432
- Bihar Prison Manual
- premature release
- death penalty commutation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1597 of 2025
Arising Out of PS. Case No.-27 Year-2010 Thana- SHYAMPUR BHATHAN District-
Sheohar
======================================================
Hamid Ansari S/o Late Mazhar Ansari @ Alimajhar Ansari R/o Vill- Ramban,
P.S.- Shyampur Bhataha, Distt- Sheohar
... ... Petitioner/s
Versus
1. The state of Bihar through Chief Secretary, Government of Bihar, Patna
Bihar
2. The State Sentence Remission Board Bihar, Patna
3. The Joint Secretary-cum-Director (Administration), Home Department
(Prison), Bihar, Patna Patna, Bihar
4. The Secretary, Law Department, Government of Bihar, Patna Bihar, Patna
5. The Additional Director General of Police, Criminal Investigation
Department, Bihar, Patna Bihar, Patna
6. The Inspector General, Jail and Reforms services Bihar, Patna Bihar, Patna
7. The Assistant Inspector General, Jail and Reforms Services, Bihar, Patna
Bihar, Patna
8. The Superintendent, Shahid Khudi Ram Bose, Central Jail, Muzaffarpur
Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar Singh, Advocate
Mr. Abhinav Shandilya, Advocate
For the Respondent/s : Mr. Raghwendra Kumar, SC-22
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 16-02-2026
Heard learned counsel for the parties and I intend
Patna High Court CR. WJC No.1597 of 2025 dt.16-02-2026
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to dispose of the petition at this stage.
2. The present petition has been filed by the
petitioner seeking following relief(s):-
"(I) For issuance of an appropriate writ in
the nature of MANDAMUS, commanding
and directing the Respondent No. 8 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 permanent remission and pre-
mature release to the petitioner in
connection with Sessions Trial Case No. 58
of 2011 arising out of Shyampur Bhataha
P.S. Case No. 27 of 2010 in which the
petitioner was convicted under Section
302/149 of the Indian Penal Code and
sentenced to undergo capital punishment by
the passed by the learned Additional District
& Sessions Judge-I, Sheohar but vide
judgment and order dated 22.09.2015
passed in death Reference No. 3 of 2015 and
Criminal Appeal (DB) No. 321 of 2015, the
Division Bench of this Hon'ble Court
pleased to set aside the capital sentence
imposed on the petitioner, award the
petitioner rigorous imprisonment for life
however the petitioner be entitled for grant
of remission under Section 432 of the Code
of Criminal Procedure after completing 14
Patna High Court CR. WJC No.1597 of 2025 dt.16-02-2026
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years of jail custody including pre-trial
period.
(II) For issuance of an appropriate writ in
the nature of MANDAMUS, commanding
and directing the Respondent State
Remission Board to consider the case of the
petitioner fo grant of permanent remission
and grant pre-mature release to the
petitioner on the ground that the petitioner
has remained in Jail since 02.08.2010 and
he had already completed 14 years of his
physical incarceration on 01.08.2024 and
now he had completed 15 years of his
physical incarceration.
(III) For issuance of any other appropriate
writ/writs, order/orders direction/directions
for which the writ petitioner be entitled
under the facts and circumstances of the
case."
3. Learned counsel for the petitioner submits that
the petitioner has already completed 14 years of actual
incarceration and the Hon'ble Division Bench of this Court
while hearing the Death Reference No. 03 of 2015 vide
judgment dated 22.09.2025 has held that the appellants would
be entitled for grant of remission under Section 432 of the Code
of Criminal Procedure after completing 14 years of jail custody
Patna High Court CR. WJC No.1597 of 2025 dt.16-02-2026
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including pre-trial period for the reasons indicated in paragraphs
9 to 18 of the judgment dated 14.09.2025, passed in Death
Reference No. 02 of 2015. This order is binding upon the State
Government/State Remission Board. However, the State
has taken a stand in its counter affidavit that the sentence
undergone by the petitioner with remission is only 19 years 01
month and 20 days and in terms of Rule 481((i) of Bihar Prison
Manual, 2012 certain category of persons undergoing life
imprisonment would be entitled for premature release only after
undergoing imprisonment for 20 years including remission and
under sub-rule 2(c) of Rule 481 the convicts whose death
sentence has been commuted to life imprisonment, shall be
entitled for premature release only after 20 years. Learned
counsel further submits that the Hon'ble Supreme Court in the
case of Sukhdev Yadav @ Pehalwan Vs. State of (NCT of
Delhi) & Others passed in Criminal Appeal No. 3271 of 2025
has also held that when in absence of death penalty, life
imprisonment for a fixed term of 20 years was imposed, the
petitioner would be entitled for release after actual period of
incarceration. However, learned counsel submits that in any
case, the case of the petitioner could be sent before State
Sentence Remission Board four months prior to completion of
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period of custody of 20 years with remission and in the light of
counter affidavit of the State, this period would start from
March, 2026 and therefore, appropriate orders may be passed in
this regard.
4. Learned counsel appearing on behalf of the
State-respondents reiterates the statement made in the counter
affidavit and submits that as the petitioner did not complete the
eligibility period of 20 years with remission, his case was not
recommended for consideration before State Sentence
Remission Board.
5. In the light of submission of the parties,
without going into the contention of the learned counsel for the
petitioner about applicability of the orders of Hon'ble Division
Bench in Death Reference No. 03 of 2025, since the custody of
the petitioner with remission was 19 years 01 month and 20
days on 17.08.2025 in terms of counter affidavit of the State-
respondents, the State-respondents are directed to put up the
case of the petitioner for consideration before the State
Remission Board after obtaining necessary reports from the
different authorities for consideration of case of the petitioner by
the State Remission Board. The report must be obtained within
two months from the date of this order and thereafter, the matter
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would be placed before the State Remission Board for
consideration and State Remission Board shall consider the case
of the petitioner within next three months thereafter.
6. With the aforesaid observation and direction,
the present petition stands disposed of.
(Arun Kumar Jha, J)
DKS/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.02.2026
Transmission Date 18.02.2026
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