Patna High Court
Vijay Bharti vs The State Of Bihar Through The Chief ... on 26 September, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2086 of 2025
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Vijay Bharti Son of Late Deonath Bharti @ Late Devnath Bharti Resident of
Village - Akhtiyarpur, P.S.- Garkha, District - Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
Bihar
2. The State Sentence Remission Board through its Chairman, Government of
Bihar, Patna. Bihar
3. The Principal Secretary Ministry of Home, Government of Bihar, Patna.
Bihar
4. The Secretary-cum-Legal Remembrancer, Department of Law, Government
of Bihar. 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 Jail Superintendent, Central Jail, Motihari. Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Suneil Kumar Thakur, Advocate
For the Respondent/s : Mr. AC to SC-8
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 26-09-2025
Heard learned counsel for the petitioner as well as
learned counsel for the State-respondents.
02. The petitioner has filed the present writ petition
seeking direction to the respondent authorities to place the case
of the petitioner for his premature release before the State
Sentence Remission Board (hereinafter referred to as 'the
Board') by extending the benefit of remission on the ground that
Patna High Court CR. WJC No.2086 of 2025 dt.26-09-2025
2/3
he has already completed the qualifying period of
incarceration entitling him of such benefit.
03. The learned counsel for the petitioner submits
that the petitioner has been convicted for the offence under
Sections 302/149 and 447 of the Indian Penal Code after
facing trial, vide Sessions Trial No. 110 of 1997, arising out of
Garkha P.S. Case No. 146 of 1995, by the learned 4 th Additional
Sessions Judge, Saran at Chapra vide judgment of conviction
dated 23.06.2012 and has been sentenced to undergo rigorous
imprisonment for life with fine vide order of sentence dated
25.06.2012
. Being aggrieved by the aforesaid judgment and
order, the petitioner filed Cr. Appeal (DB) No. 658 of 2012
before this Court, which upheld and confirmed the judgment
and order of the learned trial court vide judgment dated
26.09.2018. The learned counsel further submits that now the
petitioner has completed for more than 14 years of his actual
incarceration and more than 20 years with remission. The
learned counsel further submits that the petitioner moved a
petition, after completion of his actual incarceration of 14 years,
before the Board through the Jail Superintendent, Motihari
making a prayer for his premature release, but till date no action
has been taken on the said petition of the petitioner.
Patna High Court CR. WJC No.2086 of 2025 dt.26-09-2025
04. Learned counsel appearing on behalf of the State-
respondents submits that if any such petition has been preferred
by the petitioner, the respondent authorities will look into it and
place the matter before the Board for its consideration at the
earliest.
05. Having regard to the submission made on behalf of
the parties, the concerned respondent authorities are directed to
place the petition of the petitioner seeking premature release
before the Board within a month from today. Thereafter, the
Board is directed to obtain required reports from the statutory
authorities within a period of one month. Thereafter, appropriate
decision on the petition of the petitioner be taken by the Board
in accordance with law within a period of one month.
06. Accordingly, the present petition stands disposed of.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 26.09.2025
Transmission Date NA
