CHITRANJAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner has filed the instant writ application praying therein for quashing the decision of the State Remission Board (hereinafter referred to as 'the Remission Board') dtd. 19/11/2021 whereby and whereunder the Remission Board has pleased to rejected the proposal for premature release of the petitioner on the ground that he has not been found eligible in terms of the notification bearing memo no.3106 dtd. 10/12/2002 of the Home (Special) Department, Government of Bihar communicated to the petitioner vide order contained in letter no. 11740 dtd. 19/11/2021.

(3.) The case of the petitioner in brief is that he was convicted vide judgment dtd. 17/9/2008 passed in Sessions Trial no. 816 of 2005 by the learned Additional Sessions Judge III, Patna under Sec. 364, 364A, 34 and 120B of the Indian Penal Code and by order dtd. 16/10/2008 sentenced to undergo rigorous imprisonment for life. It is submitted that the petitioner is a first offender and has served more than 20 years 3 months including the period of remission till 14/2/2021 and has served actual physical custody of more than 15 years till 19/3/2020. The character of the petitioner was found to be satisfactory in the report of the Jail Superintendent and the Probation Officer also recommended for his release.