Patna High Court
Sonu KumarversusThe State of Bihar through the Chief Secretary, Government of Bihar, Patna.
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The Court ordered that the case be placed before the State Remission Board for consideration of premature release based on the completed 14‑year actual custody.
Summary
Petitioner Sonu Kumar filed a writ petition seeking the premature release of his father, Dhirendra Sharma, who has been in judicial custody since 2010 and has completed the 14-year term of his sentence. The petitioner argued that the earlier statutory requirement of 20 years with remission is no longer applicable, citing the 2002 amendment of Rule 529 of the Bihar Jail Manual and the Division Bench decision in Raja Ram Singh v. State of Bihar (2012). The State respondents concurred that the case should be placed before the State Remission Board, referencing the Supreme Court guidelines in Laxman Naskar v. Union of India (2000). The Court directed the respondents to forward the case to the State Remission Board within three months, after which the Board must decide within another three months, applying the relevant rules and precedents. Consequently, the petition was disposed with the direction for premature release consideration.
Issues considered
- Whether the father of the petitioner is eligible for premature release after serving 14 years of actual imprisonment despite the earlier statutory requirement of 20 years with remission
- Whether the amendment of Rule 529 of the Bihar Jail Manual and the precedent set in Raja Ram Singh v. State of Bihar supersede the 20‑year requirement
Subjects
- premature release
- sentence remission
- Bihar Jail Manual
- Rule 529
- State Remission Board
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2688 of 2025
Arising Out of PS. Case No.-64 Year-2010 Thana- GHOSI District- Jehanabad
======================================================
Sonu Kumar Son of Dhirendra Sharma @ Dhirendra Kumar Resident of
Village - Garh Jalalpur, Police Station - Ghosi (Okri O.P.), District -
Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
Bihar
2. The Principal Secretary, Department of Home, Government of Bihar, Patna.
Bihar
3. The State Sentence Remission Board through its Chairman, Government of
Bihar, Patna. Bihar
4. The Law Secretary - cum - Legal Remembrance, Department of Law,
Government of Bihar, Patna. Bihar
5. The Director General of Police, Government of Bihar, Patna. Bihar
6. The Director, Probation Services, Government of Bihar, Patna. Bihar
7. The Inspector General (Prison) and Jail Reforms, Government of Bihar,
Patna. Bihar
8. The Additional Director General of Police, Criminal Investigation
Department, Government of Bihar, Patna, Bihar.
9. The Jail Superintendent, Central Jail, Gaya. Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate
For the Respondent/s : Mr. Madhaw Pd. Yadav, GP-23
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 05-02-2026
Heard learned counsel for the parties.
2. The present petition has been filed by the
petitioner seeking following relief(s):-
"That the present writ application is being
filed by the petitioner for issuance of
direction to the respondent authorities for
pre-mature release of the father of the
Patna High Court CR. WJC No.2688 of 2025 dt.05-02-2026
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petitioner namely Dhirendra Sharma @
Dhirendra Kumar, who is in judicial custody
since 2010 in connection with Ghosi (Okri
O.P.) P.S. Case No. 64 of 2010 and
completed his sentence of 14 years."
3. Learned counsel for the petitioner submits that
the father of the petitioner has already completed actual custody
of more than 14 years, till date no steps have been taken by the
authority concerned for premature release of the father of the
petitioner 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. 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 father of the
petitioner before the State Remission Board for premature
Patna High Court CR. WJC No.2688 of 2025 dt.05-02-2026
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release along with the requisite reports.
4. Learned counsel appearing on behalf of the
State-respondents submits that the authorities may be directed to
place the case of the father of the petitioner before the State
Remission Board for his release with all requisite reports as per
the guidelines of Hon'ble Supreme Court in the case of Laxman
Naskar Vs. Union of India & Ors., AIR 2000 SC 986.
5. In the light of submission of the parties, the
State-respondents are directed to place the case of the father 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 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 06.02.2026
Transmission Date 06.02.2026
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