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2023 Supreme(Pat) 1304

RAJEEV RANJAN PRASAD
Ajit Kumar @ Ajit Prasad, S/o. Sri Harishchandra Prasad – Appellant
Versus
State of Bihar through the Chief Secretary, Government of Bihar, Patna, Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ratnakar Pandey, Mr. Lakshmi Kant Sharma, Mr. Akshay Ashish.
For the State : Mr. P.N. Sharma, AC to AG.

JUDGMENT :

Rajeev Ranjan Prasad, J.

Heard Mr. Ratnakar Pandey, learned Advocate for the petitioner and Mr. P.N. Sharma, learned AC to AG for the State.

2. This writ application has been filed for the following reliefs:-

    “(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the decision of the State Remission Board dated 21.06.2019 so far it relates to the petitioner, whereby and whereunder the State Remission Board has been pleased to reject the proposal of the petitioner for his pre-mature release inter alia on the ground that under clause (iv)(kha) and (Gha) of Notification No. 3106 dated 10.12.2002 as also there is no favourable report of Superintendent of Police, the petitioner is not eligible for grant of pre-mature release.

(II) for issuance of an appropriate writ in the nature of MANDAMUS to consider the case of the petitioner for pre-mature release and release him in connection Sessions Trial No. 394 of 2002 arising out of Bihar P.S. Case No. 118 of 2001 on the ground that now the petitioner has already completed more than 21 years of sentence with remission and more than 16 years of his physical incarceration, taking into consideration that the case

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