IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.79 of 2009 DAYANAND SHARMA @ DAYA NAND SINGH, son of Chamru Prasad Singh, R/O village-Nadha, P.S.Hilsa, Distt-Nalanda. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Home commissioner, Home Department, Bihar, Patna 3. The Inspector General, Prison, Department of Home, Patna 4. Superintendent of Special Central Jail, Bhagalpur. Respondents. For the petitioner ; Mr.Pramod Kumar For the State : G.A.II ------ 3. 18.2.2009. Prayer of the petitioner is for issuance of a direction to the respondents to release him from the prison. According to the petitioner, he was convicted for an offence under section 302 of the Indian penal Code and sentenced to undergo rigorous imprisonment for life by judgment dated 18.2.1997 passed by the Ist Additional Sessions Judge, Nalanda at Bihar Sharif in Session Trial No.412 of 1992. It is the stand of the petitioner that his case for remission of the sentence has not been considered by the State Sentence Remission Board, hereinafter referred to as ‘the Board”, although proposal for his pre-mature release was sent by the Superintendent, Special Central Jail, Bhagalpur, where he is lodged. Assertion of the petitioner that the 2 proposal for his release from the prison sent by the Superintendent, Special Central Jail, Bhagalpur to the Board has not been denied in the counter affidavit filed filed by the respondent but their plea is that the proposal was put up in the meeting of the Board on 16.7.2008, but due to absence of the copy of the judgment, same was not considered. Mr. Pramod Kumar appears on behalf of the petitioner. G.A.II states that the case of the petitioner shall be considered in the next meeting of the Board, which is scheduled to be held on 24.2.2009. Let it be done and appropriate order passed. Writ application stands disposed off with the direction aforesaid. ahk (C. K. Prasad, ACJ) (Dharnidhar Jha)