IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No. 682 of 2025 Arising Out of PS. Case No.-205 Year-2019 Thana- BHORE District- Gopalganj ======================================================

1. Arun Kumar Mishra @ Pappu Mishra, Male, S/o- Late Ram Ayodhya Mishra Village- Khajuraha Misir, P.S. - Bhore, Dist- Gopalganj

2. Sanjay Mishra @ Bablu Mishra @ Sanjay Kumar Mishra, S/o- Sri Rajendra Mishra, Village- Khajuraha Misir, P.S. - Bhorey, Dist - Gopalganj .. ... Appellant/s Versus The State of Bihar .. ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Respondent/s : Mr. Parmeshwar Mehta, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3 08-01-2026 Re.: I.A. No. 1 of 2025 This interlocutory application arises out of the judgment of conviction and order of sentence dated 11.04.2025 and 17.04.2025 respectively, passed in Sessions Trial No. 363 of 2022 (arising out of Bhorey P.S. Case No. 205 of 2019) by the learned Court of Principal District and Sessions Judge, Gopalganj.

2. The present I.A. has been filed for fixing early date of hearing of the instant appeal and in the alternative, it has been prayed that the appellant No.2 may be granted parole/

provisional bail for a period of 15 days for performing the religious rituals in connection with the death of his father, whose cremation was also done by the appellant No.2, inasmuch as he had lit the pyre.

3. At the outset, the learned counsel for the appellant No.2 has confined the prayer made in the present petition to grant of parole/provisional bail for 15 days to the appellant No.2. It is submitted that death of the father of the appellant No.2 took place on 09.12.2025, whereafter the appellant No.2 had applied for parole under Section 31(c) of the Prisoners Act and then the District Magistrate, Gaya vide memo dated 10.12.2025 had granted parole to the appellant No.2 for three days in order to enable him to cremate his deceased father. The appellant No.2 is stated to have then gone to his village home i.e. Khajuraha, P.S. - Bhore, District – Gopalganj and had cremated his father by lighting the pyre, whereafter he was taken back to jail.

4. It is submitted by the learned counsel for the appellant No.2 that though the appellant No.2 is required to perform the religious rituals of his deceased father inasmuch as he had lit the pyre and cremated his deceased father, however the authorities are not granting parole on the pretext that they have the power to grant parole only once, which has already been granted to the appellant No.2. Thus, it is the submission of the learned counsel for the appellant No.2 that a sympathetic view be taken and parole for a period of one week be granted to the appellant No.2 so that he can perform the religious rituals in connection with the death of his father.

5. Having regard to the facts and circumstances of the case and considering the materials on record, we deem it fit and proper to direct for release of the appellant No.2 on parole for one week on the following conditions:-

(i) The appellant No.2 shall be taken under police custody to his village home i.e. Khajuraha, P.S. - Bhore, District – Gopalganj for the purposes of performing the religious rituals in connection with the death of his father by a police team deputed by the Senior Superintendent of Police, Gaya.

(ii) It will be incumbent upon the In-charge Officer of the police team to ensure that the appellant No.2 is sent to the Central Jail, Gaya, immediately upon expiry of 7 days of the date of release on parole. (iii) The appellant No.2 shall not be permitted to go to any other place other than his residence at his village home i.e. Khajuraha, P.S. - Bhore, District – Gopalganj or the place at his s