Patna High Court
Muslim MiyanversusThe State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The Court directed the jail superintendent to forward the petitioner's proposal and reports to the State Sentence Remission Board and mandated the Board to decide on premature release within stipulated time.
Summary
Muslim Miyan was convicted under Sections 302/34, 307/34 of the IPC, Section 27 of the Arms Act and Sections 3 and 4 of the Explosive Substances Act and sentenced to life imprisonment with several terms of rigorous imprisonment. After serving more than 14 years in actual custody and over 20 years including remission, he filed a writ petition seeking a mandamus directing the jail superintendent to forward his proposal and relevant reports to the State Sentence Remission Board for premature release. The petitioner argued that he had fulfilled the required period of incarceration and was covered under Notification No. 3106 (2002) policy. The High Court examined whether the authorities were obliged to refer the case to the Remission Board and whether premature release could be granted under the remission policy. The Court ordered the jail superintendent to place the matter before the Board within six weeks and directed the Board to decide within the next six weeks. The writ petition was thereafter disposed.
Issues considered
- Whether the petitioner is eligible for premature release under the State Sentence Remission Board policy after serving the prescribed period of imprisonment and remission.
- Whether the jail authorities are mandated to forward the petitioner's proposal and requisite reports to the State Sentence Remission Board.
Legislation cited
- Arms Act — s. 27
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 302, 307, 34
Subjects
- premature release
- sentence remission
- life imprisonment
- mandamus
- criminal procedure
- IPC
- Arms Act
- Explosive Substances Act
- remission board
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2305 of 2025
Arising Out of PS. Case No.-63 Year-2008 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Muslim Miyan Son of Sahebjan Miyan R/O- Vill- Balochak, P.S- Chakiya,
Distt- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna Bihar
2. The State Sentence Remission Board Through the Principle Secretary, Home
Dept. Govt. of Bihar,Patna bihar
3. The Joint secretary-cum- Director (Administration ) Home Dept. (Prison)
Bihar, Patna bihar
4. The Secretary Law Dept. Govt. of Bihar, Patna bihar
5. The Additional Director General of police, Criminal Investigation Dept.
Bihar, Patna bihar
6. The Inspector General, Jail and Reforms Services, Bihar, Patna bihar
7. The Assistant Inspector General Jail and Reforms Service, Bihar, Patna bihar
8. The Jail Superintendent, Central Jail, Motihari Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Pandey, Advocate
For the Respondent/s : Mr. Raghwanand, GA-11
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 23-02-2026
Heard learned counsel for the parties.
02. The present writ petition has been filed seeking
following relief(s):-
"(i) For issuance of an appropriate writ in
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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 pre-mature release of the petitioner
in connection with Sessions Trial No. 494 of
2011 arising out of Town P.S. Case No.
63/08 by which the petitioner was convicted
for life along with fine of Rs.25000/- for the
charge u/s 302/34 IPC, further sentenced to
undergo R.I. for 10 years along with fine of
Rs.10000/- u/s 307/34 IPC, further
sentenced to undergo R.I. for 4 years u/s 27
of the Arms Act, further sentenced to
undergo R.I. for 10 years u/s 3 Explosive
Substance Act and also sentenced to undergo
R.I. for 7 years u/s 4 Explosive Substance
Act.
(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
for pre-mature release and grant pre-mature
release to the petitioner on the ground that
now the petitioner has already completed
more than 14 years of his physical
incarceration and he has also completed
more than 20 years with remission taking
into consideration that the case of the
Patna High Court CR. WJC No.2305 of 2025 dt.23-02-2026
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petitioner has been convered under
Notification no-3106, dated 10.12.2002 1984
policy.
(iii) For issuance of an appropriate writ in
the nature of MANDAMUS, commanding
and directing the Respondent No. 8 to obtain
the period of remission/special remission as
granted to the petitioner and the period of
custody, where the petitioner was lodged
after conviction, if it is not obtained.
(iv) For issuance of any other appropriate
writ/writs, order/orders direction/directions
for which the writ petitioner would be
entailed under the facts and circumstances
of the case."
03. The learned counsel for the petitioner
submits that the petitioner has been convicted for the offence
under Sections 302/34, 307/34 of the Indian Penal Code,
Section 27 of the Arms Act and Section 3/4 of Explosive
Substances Act after facing trial, vide Sessions Trial No. 494
of 2011, arising out of Town P.S. Case No. 63 of 2008, by the
learned 14th Additional District & Sessions Judge, East
Champaran at Motihari, vide judgment of conviction dated
23.02.20217 and has been sentenced to undergo rigorous
imprisonment for life with fine vide order of sentence dated
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27.03.2017. Being aggrieved by the aforesaid judgment and
order, the petitioner filed Cr. Appeal (DB) No. 513 of 2017
before this Court, which upheld the conviction of the petitioner
under Sections 302/34 of the Indian Penal Code, Section 27 of
the Arms Act and Sections 3/4 of Explosive Substances Act and
the conviction of the petitioner under Sections 307/34 of the
Indian Penal Code was set aside vide judgment dated
20.09.2017. 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. But
till date the authorities have not referred the matter of the
petitioner for consideration for premature release before the
State Sentence Remission Board.
04. In the light of submission of learned counsel
for the petitioner and the averments made in the writ petition
duly supported with affidavit, the concerned respondent
authorities are directed to place the matter of the petitioner
before the State Sentence Remission Board within a period of
six weeks after obtaining necessary reports from the statutory
authorities. Thereafter, appropriate decision in the matter of the
petitioner be taken by the Board in accordance with law within
a period of next six weeks.
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05. With the aforesaid observations/directions, the
present writ petition stands disposed of.
(Arun Kumar Jha, J)
DKS/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.02.2026
Transmission Date 24.02.2026
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