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2023 Supreme(Pat) 711

RAJEEV RANJAN PRASAD
Ajit Kumar Mishra – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Shantanu Kumar.
For the Respondents: Mr. Prabhu Narayan Sharma, AC to AG.

Rajeev Ranjan Prasad, J. – The petitioner in this writ application has completed more than 20 years with remission and about 17 years of actual incarceration after having been convicted under Sections 364A/34, 302/34 and 201/34 of the Indian Penal Code in Session Trial No. 183 of 2003 arising out of Brahmpura (Muzaffarpur) P.S. Case No. 20 of 2003. He is aggrieved by and dissatisfied with the decision of the Bihar State Sentence Remission Board (hereinafter referred to as the ‘Board’ or ‘Remission Board’) taken in its meeting held on 23.12.2020 whereby the Board has rejected the proposal for premature release of the petitioner. The petitioner is praying for setting aside of the decision of the Board and issuance of a direction commanding the Board to consider the case of the petitioner afresh for premature release.

Case of the Petitioner

2. In the writ application filed in the year 2021, it is the case of the petitioner that after completion of more than 21 years with remission and about 15 years of actual physical incarceration, the Jail Superintendent, Central Jail, Bhagalpur b

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