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2022 Supreme(Pat) 939

RAJEEV RANJAN PRASAD
Md. Allauddin Ansari @ Allauddin Ansari – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: Mr.Vijay Kumar Singh (in both).
For the Respondents: Mr.Prabhu Narayan Sharma, AC to AG (in both).

ORDER

Heard learned counsel for the petitioners and Mr. Prabhu Narayan Sharma, learned AC to AG for the State in both the writ applications.

2. With the consent of the learned counsel for the parties, these two writ applications have been taken up together for consideration.

3. In Cr.W.J.C. No. 861 of 2021, there are three petitioners who are seeking quashing of the decision of Bihar State Remission Board (hereinafter referred to as the ‘Board’) taken on 05.03.2020 whereby and whereunder the Board has rejected the proposal for the pre-mature release of the petitioners.

4. The Board has rejected their cases for pre-mature release on the ground contained under Clause (IV) ([k) of the notification no. 3106 dated 10.12.2002 issued by the Home (Special) Department, Government of Bihar. The Board has also found that there was an adverse report of the Superintendent of Police and the Presiding Officer of the convicting court.

5. Learned counsel for the petitioners has by filing I.A. No. 1 of 2021 made a prayer to quash the decision of the Board taken on 27.08.2021 and communicated under letter no. 9555 dated 18.11.2021 in so far as it relates to petitioner nos. 1 and 2 whereby and whereunder t

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