Pravesh @ Prabhash YadavversusThe State of Bihar through the Chief Secretary, Government of Bihar, Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Criminal Writ Jurisdiction Case No.257 of 2026
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     Pravesh @ Prabhash Yadav S/o Bishundeo Yadav, R/o Village- Harpur, P.S-
     Harpur, Distt.- Munger.
                                                               ... ... Petitioner
                                       Versus

1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna
     Bihar
2.   The State Sentence Remission Board through the Principle Secretary, Home
     Department, Govt. of Bihar Patna
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
6.   The Inspector General, Jail and Reforms Services, Bihar Patna
7.   The Assistant Inspector General, Jail and Reforms Service, Bihar Patna
8.   The Jail Superintendent, Open Jail, Buxar. Bihar
                                               ... ... Respondents
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     Appearance :
     For the Petitioner/s   :      Mr. Manoj Kumar, Advocate
     For the Respondent/s   :      Mr. S.C.1
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                           ORAL JUDGMENT
      Date : 18-06-2026

                      Heard learned counsel for the parties.

                      2. The present criminal writ petition has been filed

      seeking following reliefs:

                             “For issuance of an appropriate writ in the
                      nature of Mandamus commanding and directing
                      the respondent authorities to consider the case of
                      the petitioner for premature release and released
                      him in connection with Sessions Trial No. 358 of
                      2010 which amalgamated with Sessions Trial No.
                      862 of 2008 arising out of Harpur P.S. Case No. 2
                      of 2008 in which the petitioner was held guilty and
                      convicted by judgment of conviction dated
Patna High Court CR. WJC No.257 of 2026 dt.18-06-2026
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                         25.05.2015 for the charges under section 302 of
                         the Indian Penal Code (IPC) and section 27 (1) of
                         the Arms Act and sentenced by order dated
                         29.05.2015 to undergo life imprisonment along
                         with fine of Rs. 5000/- for the offence under section
                         302 of the Indian Penal Code, in default of fine, six
                         months simple imprisonment and further sentenced
                         to undergo three years RI for offence under Arms
                         Act and a fine of Rs. 1000/- and in default of
                         paying of fine one month SI.”

                         3. In the counter-affidavit filed by the State

         respondents it has been submitted that as soon as fresh reports

         are received from Probation Officer, Presiding Officer and

         Superintendent of Police concerned, the proposal for premature

         release of the petitioner would be sent to the prison headquarter

         and then further action would be taken and the matter would be

         put up before Remission Board for its consideration. From the

         same counter-affidavit it appears the petitioner has already

         suffered incarceration in actual custody for a period of sixteen

         years, four months and fourteen days and with remission he has

         remained under incarceration for twenty years, three months and

         twenty-nine days as on 12.02.2026.

                         4. In the light of the aforementioned facts and

         circumstances, the concerned respondent authorities are directed

         to place the matter of the petitioner for his premature release

         before the State Sentence Remission Board after obtaining

         necessary reports from the statutory authorities, if required, at
             Patna High Court CR. WJC No.257 of 2026 dt.18-06-2026
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                      the earliest and preferably within four weeks from the date of

                      the receipt / production of copy of the present order. Thereafter,

                      appropriate decision in the matter of the petitioner be taken by

                      the State Remission Board in accordance with law within a

                      period of next six weeks.

                                      5. With the aforesaid observation / direction, the

                      present criminal writ petition stands disposed of.



                                                         (Arun Kumar Jha, J)

Shahnawaz/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          19.06.2026
Transmission Date       19.06.2026