Patna High Court
INDRA KUMAR THAKUR @ INDRA KUMAR SHARMA @ INDAL THAKUR @ INDAL KUMAR THAKURversusThe State of Bihar through the Chief Secretary, Government of Bihar, Patna.
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The petitioner is eligible for consideration before the State Sentence Remission Board for premature release as his conviction is governed by the 2012 Bihar Jail Manual provisions.
Summary
The petitioner, convicted in 2013 for offences including rape, murder and kidnapping under IPC sections 366A, 376, 302 and 201, was sentenced to ten years rigorous imprisonment, life imprisonment and a capital sentence (later commuted to life). He has been incarcerated since January 2010 and, after accounting for remission, has completed over twenty years of custody. He filed a writ petition seeking a mandamus directing the prison authorities to forward his case to the State Sentence Remission Board for permanent remission and premature release, arguing that he qualifies under the 2012 Bihar Jail Manual provisions. The State contended that a 2016 amendment to the Bihar Jail Manual excludes persons convicted of heinous crimes such as rape‑with‑murder from remission. The Court held that the petitioner’s conviction fell under the earlier 2012 notification, which remains applicable to his case, and therefore he is eligible for consideration before the Remission Board. Accordingly, the Court directed the relevant authorities to place his matter before the Board within two months and to obtain the necessary reports, with the Board to decide within three months, and disposed of the petition.
Issues considered
- Whether the petitioner is eligible for premature release/remission under the Bihar Jail Manual in view of the 2012 notification versus the 2016 amendment.
- Whether a mandamus can be issued directing the prison authorities to forward the petitioner's case to the State Sentence Remission Board.
Legislation cited
- Indian Penal Code — s. 201, 301, 302, 363, 366A, 376
- Protection of Civil Rights Act, 1955
Subjects
- premature release
- remission
- mandamus
- Bihar Jail Manual
- IPC
- life imprisonment
- capital punishment
- eligibility period
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.855 of 2025
======================================================
Indra Kumar Thakur @ Indra Kumar Sharma @ Indal Thakur @ Indal Kumar
Thakur Son of Yogendra Thakur @ Yogendra Sharma Resident of Village -
Raghopur, P.S.- Manigachhi, District - Darbhanga.
... ... 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-cun-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, Shahid Khudi Ram Bose, Central Jail, Muzaffarpur.
Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar Singh, Adv.
Mr. Abhinav Shandilya, Adv.
For the Respondent/s : A.A.G 13
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 13-02-2026 The present petitioner has been filed seeking the
following reliefs:-
“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 as relevant reports
of the prescribed Authorities required
under the law to the State Remission Board
for grant of permanent remission and pre-
mature release to the petitioner in
Patna High Court CR. WJC No.855 of 2025(3) dt.13-02-2026
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connection with Sessions Trial No.374 of
2010 arising out of Manigachhi P.S. Case
No.03 of 2010 in which the petitioner was
convicted for 10 years, life, 7 years, capital
punishment for the offence under Sections
366A, 376, 201 and 302 of the Indian
Penal Code vide judgment respectively and
order dated 21.01.2013/23.01.2013 passed
by the learned Ad-hoc Additional Sessions
Judge-IV, Darbhanga, however the
Division Bench of this Hon'ble Court was
pleased to convert the sentence imposed on
him under Section 302 of the Indian Penal
Code from capital punishment to R.I. for
life vide judgment and order dated
19.08.2013 passed in Death Reference
No.01 of as well as Criminal Appeal
(DB)No.357 of 2013 2013.
(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 grant of permanent
remission and grant pre-mature release to
the petitioner on the ground that the
petitioner has remained in Jail since
07.01.2010 and he had already completed
14 years of his physical incarceration on
07.01.2024 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.”
02. Briefly stated facts of the case are that Manigachhi
Patna High Court CR. WJC No.855 of 2025(3) dt.13-02-2026
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P.S. Case No. 03 of 2010 was lodged on 07.01.2010 for the
offences under Section 363, 376, 302, 301 of the IPC against the
petitioner on the written report of the informant for enticing
away the maternal grand daughter of the informant and further
committing rape and killing her and also concealing her dead
body. Vide Judgment and order dated 21.01.2013 passed in
Sessions Trial No. 374 of 2010 arising out of Manigachhi PS
Case No. 03 of 2010 passed by the learned Ad-hoc Additional
Sessions Judge-IV, Darbhanga, the petitioner was convicted for
the offences under Section 366A, 376, 302 and 201 of the IPC
whereby and whereunder he was sentenced to undergo rigorous
imprisonment for ten years life, seven years capital punishment
for the offences under Section 366A, 376, 302 and 201 of the
IPC respectively and all sentences except under Section 302 of
the IPC were directed to run concurrently.
03. Learned counsel for the petitioner submits that
when the counter affidavit was filed in this case, the period of
custody of the petitioner was calculated on 28.06.2025 and the
period of actual custody was found to be 15 years 05 months
and 21 days whereas the period with remission was 19 years 07
months and 06 days. The matter of the petitioner for premature
release was not referred to State Sentence Remission Board due
Patna High Court CR. WJC No.855 of 2025(3) dt.13-02-2026
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to absence of qualifying period of custody with remission in
terms of the notification of Rule 481 of the Bihar Prison
Manual, 2012. Learned counsel further submits that now the
petitioner has completed 20 years with remission and the State-
authorities be directed to place his matter for consideration
before the State Sentence Remission Board in the light of the
fulfilling the eligibility period of custody.
04. Learned counsel appearing on behalf of the
State/respondents admits the fact that if the period of custody
was calculated on 28.06.2025, now the petitioner has become
eligible for his matter to be placed before the State Sentence
Remission Board. However he submits that the petitioner is not
entitled for remission as Bihar Government’s Notification No.
3194 of 26.05.2016 amending the Bihar Jail Manual states that
convicts sentenced for heinous crimes including rape, rape with
murder, dacoity with murder, murder involving offence under
the Protection of Civil Rights Act, 1955, murder for dowry,
murder of a child below 14 years of age, multiple murder,
murder committed after conviction while inside the prison,
murder during parole, murder in terrorist incident, murder in
smuggling operation are generally excluded from premature
release/remission.
Patna High Court CR. WJC No.855 of 2025(3) dt.13-02-2026
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05. By way of reply learned counsel for the petitioner
submits that the petitioner was convicted on 23.01.2013 and the
case of the petitioner is covered by the notification of 2012
which was in vogue till 2016.
06. Having regard to the rival submission and
considering the beneficial nature of premature release provision
and the case of the petitioner being covered by the 2012
notification, the State/authorities are directed to place the matter
of the petitioner before the State Remission Board for premature
release and the State Remission Board is directed to pass orders
within three months after the matter is placed before it. Prior to
that, the requisite reports be collected by the authorities for
placing the same before the State Sentence Remission Board
within two months.
07. With the aforesaid direction, the present petition is
disposed of.
(Arun Kumar Jha, J)
Anuradha/-
U T
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