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IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajeev Ranjan Prasad
Ajay Kumar Son of Late Bhuneshwar Prasad @ Muneshwar Prasad – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent
| Table of Content |
|---|
| 1. petitioners seek premature release after serving significant time. (Para 2 , 3 , 4 , 5) |
| 2. prior judgments influence the decision on premature release. (Para 6 , 8 , 11) |
| 3. arguments against the board's rejection of premature release. (Para 9 , 10) |
| 4. discrimination in decisions of premature release noted. (Para 12 , 13 , 14 , 15) |
| 5. court condemns arbitrary rejection and highlights adherence to past rulings. (Para 17) |
| 6. court orders reconsideration of premature release requests. (Para 18 , 19) |
JUDGMENT :
Rajeev Ranjan Prasad, J.
Heard learned counsel for the petitioners and learned AC to AG for the State of Bihar.
2. The two petitioners in the present writ application are seeking a direction to the respondent authorities for their premature release from the custody as they have already served their sentence of fourteen years physically and more than twenty years with remission.
3. During pendency of the writ application, the petitioners amended the writ application. By way of amendment, the petitioners prayed for setting aside the decision dated 28.12.2023 passed by the State Remission Board (hereinafter referred to as the ‘Board’) whereby and whereunder the applicatio
The denial of premature release based on misapplied guidelines is arbitrary and discriminatory, necessitating a reassessment by the Remission Board.
The court established that the Remission Board must not solely rely on police reports when considering premature release applications, but should evaluate the convict's overall rehabilitation and pot....
Rejection of life convicts' remission based on superseded notification illegal where offenses not prohibited under current prison manual; board must holistically assess reformation, jail conduct, reo....
The rejection of a prisoner's remission request based solely on a police report, without considering other evaluations, violates statutory guidelines and judicial standards for assessing eligibility ....
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