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Patna High Court
Sipahi Mahto @ Anil Kumar Mahto vs The State Of Bihar Through The Chief ... on 5 February, 2026
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2229 of 2025
Arising Out of PS. Case No.-66 Year-2010 Thana- BARARI District- Katihar
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Sipahi Mahto @ Anil Kumar Mahto Son of Ramashish Mahto Resident of
village - Rajjiganj, P.O.- Binji, P.S.- Kodha, District - Katihar.
... ... 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-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. 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, Special Central Jail, Bhagalpur. Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Abhinav Shandilya, Advocate
For the Respondent/s : Mr. Nagendra Prasad Yadav, SC-23
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 05-02-2026
Learned counsel Mr. Yash Raj Singh appears and
submits that inadvertently the name of learned counsel Mr.
Vijay Anand who represents Economic Offence Unit is being
shown in the cause list though the Economic Offence Unit is not
Patna High Court CR. WJC No.2229 of 2025 dt.05-02-2026
party in the present writ petition.
2. Office is directed to correct the same.
3 Heard learned counsel for the parties and I
intend to dispose of the petition at this stage.
4. The present petition has been filed by the
petitioner seeking following relief(s):-
"(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 relevant reports of
the prescribed Authorities as required under
the law to the State Remission Board for
grant of permanent remission and pre-
mature release to the petitioner in
connection with Sessions Trial No. 433 of
of 2010 in which the petitioner was
convicted under Section 302 of the Indian
Penal Code and sentenced to undergo
rigorous imprisonment for life vide judgment
and order dated 27.02.2013 and order on the
point of the sentence dated 05.03.2013
passed by the learned Ad-hoc Additional
Sessions Judge-II, Katihar.
(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
Patna High Court CR. WJC No.2229 of 2025 dt.05-02-2026
petitioner for grant of permanent remission
and grant pre-mature release to the
petitioner on the ground that the petitioner
has already completed 14 years of his
physical incarceration on 06.06.2024 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."
5. Learned counsel for the petitioner submits that
the petitioner has already completed actual custody of more than
14 years and prayer for premature release of the petitioner has
been rejected 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.
Patna High Court CR. WJC No.2229 of 2025 dt.05-02-2026
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 petitioner before the State Remission Board for
premature release along with the requisite reports.
6. Learned counsel appearing on behalf of the
State-respondents submits that the Superintendent, Central Jail,
Bhagalpur has issued letters and reminders to the concerned
authorities, namely Presiding Officer of the learned trial court,
Superintendent of Police and Probation Officer requesting them
to furnish report as per the guidelines of Hon'ble Supreme Court
in the case of Laxman Naskar Vs. Union of India & Ors., AIR
2000 SC 986, so that the proposal for premature release of
the petitioner may be submitted before the State Remission
Board.
7. In the light of submission of the parties, the
State-respondents are directed to place the case 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
Patna High Court CR. WJC No.2229 of 2025 dt.05-02-2026
three months thereafter.
8. 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
