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Patna High Court

SIPAHI MAHTO @ ANIL KUMAR MAHTOversusThe State of Bihar through the Chief Secretary, Government of Bihar, Patna.

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is eligible for consideration of premature release after serving 14 years and directed the State authorities to place his case before the State Remission Board.

Summary

Sipahi Mahto, convicted under Section 302 IPC and sentenced to life imprisonment in 2013, has served over 14 years of actual custody. He filed a writ petition seeking a mandamus directing the Superintendent of Special Central Jail, Bhagalpur, to forward his case for permanent remission and premature release to the State Remission Board. The petitioner relied on the Division Bench decision in Raja Ram Singh v. State of Bihar (2012) and a 2002 Bihar Jail Manual notification that removed the earlier 20‑year remission requirement. The State respondents indicated that they had sought requisite reports from trial court and police as per Supreme Court guidelines in Laxman Naskar v. Union of India. The High Court held that, given the statutory amendment and precedent, the petitioner is eligible for consideration after 14 years of imprisonment and directed the authorities to place his case before the Remission Board within three months, after which the Board would decide.

Issues considered

  • Whether the petitioner is eligible for premature release after serving 14 years of imprisonment in view of the amendment to Rule 529 of the Bihar Jail Manual and the Raja Ram Singh judgment.
  • Whether the State authorities are obligated to forward the requisite reports and proposal to the State Remission Board for consideration of remission.

Legislation cited

Subjects

  • premature release
  • remission
  • life imprisonment
  • IPC 302
  • Bihar Jail Manual
  • State Remission Board
  • mandamus

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Criminal Writ Jurisdiction Case No.2229 of 2025
            Arising Out of PS. Case No.-66 Year-2010 Thana- BARARI District- Katihar
     ======================================================
     Sipahi Mahto @ Anil Kumar Mahto Son of Ramashish Mahto Resident of
     village - Rajjiganj, P.O.- Binji, P.S.- Kodha, District - Katihar.


                                                                        ... ... Petitioner/s

                                            Versus


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


                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :        Mr. Abhinav Shandilya, Advocate
     For the Respondent/s    :        Mr. Nagendra Prasad Yadav, SC-23
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                      ORAL JUDGMENT

      Date : 05-02-2026

                        Learned counsel Mr. Yash Raj Singh appears and

      submits that inadvertently the name of learned counsel Mr.

      Vijay Anand who represents Economic Offence Unit is being

      shown in the cause list though the Economic Offence Unit is not
Patna High Court CR. WJC No.2229 of 2025 dt.05-02-2026
                                            2/5




         party in the present writ petition.

                           2. Office is directed to correct the same.

                           3 Heard learned counsel for the parties and I

         intend to dispose of the petition at this stage.

                           4. 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 Nos. 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 No. 433 of
                                 2010 arising out of Barari P.S. Case No. 66
                                 of 2010 in which the petitioner was
                                 convicted under Section 302 of the Indian
                                 Penal Code and sentenced to undergo
                                 rigorous imprisonment for life vide judgment
                                 and order dated 27.02.2013 and order on the
                                 point of the sentence dated 05.03.2013
                                 passed by the learned Ad-hoc Additional
                                 Sessions Judge-II, Katihar.
                                 (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
Patna High Court CR. WJC No.2229 of 2025 dt.05-02-2026
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                                 petitioner for grant of permanent remission
                                 and     grant     pre-mature   release   to   the
                                 petitioner on the ground that the petitioner
                                 has already completed 14 years of his
                                 physical incarceration on 06.06.2024 and
                                 now he had completed more than 15 years of
                                 his physical incarceration.
                                 (III) For issuance of any other appropriate
                                 writ/writs, order/orders direction/directions
                                 for which the writ petitioner would be
                                 entitled under the facts and circumstances of
                                 the case."


                           5. Learned counsel for the petitioner submits that

         the petitioner has already completed actual custody of more than

         14 years and prayer for premature release of the petitioner has

         been rejected on the ground that he has not completed custody

         of 20 years with remission but the same is not required after the

         order of Hon'ble Division Bench of this Court in the case of

         Raja Ram Singh Vs. State of Bihar & Ors., (2012) SCC

         OnLine Pat 1798. The case of the petitioner is covered by the

         decision of the Hon'ble Division Bench in Raja Ram Singh

         (supra). Learned counsel further submits that by State

         Notification dated 10th December, 2002, Rule 529 of the Bihar

         Jail Manual has been substituted and condition of 20 years of

         imprisonment with remission has been done away with.
Patna High Court CR. WJC No.2229 of 2025 dt.05-02-2026
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         Therefore, the only requirement for consideration of the

         premature release is 14 years of actual imprisonment. Learned

         counsel submits that the authorities may be directed to place the

         case of the petitioner before the State Remission Board for

         premature release along with the requisite reports.

                           6. Learned counsel appearing on behalf of the

         State-respondents submits that the Superintendent, Central Jail,

         Bhagalpur has issued letters and reminders to the concerned

         authorities, namely Presiding Officer of the learned trial court,

         Superintendent of Police and Probation Officer requesting them

         to furnish report as per the guidelines of Hon'ble Supreme Court

         in the case of Laxman Naskar Vs. Union of India & Ors., AIR

         2000 SC 986, so that the proposal for premature release of

         the petitioner may be submitted before the State Remission

         Board.

                           7. In the light of submission of the parties, the

         State-respondents are directed to place the case of the petitioner

         for his premature release before the State Remission Board

         within three months from the date of receipt/production of a

         copy of this order with all requisite reports and thereafter, the

         State Remission Board will decide the matter in the light of

         extent rules as well as judicial pronouncements within next
             Patna High Court CR. WJC No.2229 of 2025 dt.05-02-2026
                                                         5/5




                      three months thereafter.

                                        8. 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          06.02.2026
Transmission Date       06.02.2026


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