IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.309 of 2010 SANJAY HANSDA Versus STATE OF BIHAR THRU.CHIEF SEC. ----------- 06. 26.08.2010 Heard learned counsel for the petitioner and the counsel appearing for the State. Counter affidavit has been filed on behalf of the State. Petitioner has been convicted by the 1st Additional District & Sessions Judge, Purnea in Sessions Trial No. 464 of 1995 / 53 of 1998 for commission of offence under section 396 of the Indian Penal Code by the Judgment and Order dated 14.06.1999 and sentenced for rigorous imprisonment for life. He was arrested and sent to jail custody on 09.07.1994 and since then he is in custody. This application has been filed by the petitioner for a direction to the respondents to consider his case for premature release from the custody giving benefit of remission, in view of the Order dated 24.06.2000, passed by the Department of Law, Government of Bihar. From the counter affidavit filed on behalf of the State, it is apparent that the rule relating to pre- 2 mature release of convicted prisoners after giving them privilege of remission, has been amended by notification dated 10th of December, 2002 of the Home (Special) Department, Government of Bihar. Under Rule iv (ka) of notification dated 10.12.2002, there is a provision relating to disqualification in giving benefit of remission to such convicted accused persons, who have been convicted for offences like, rape, dacoity, terrorism etc. The petitioner has been convicted for the offence under section 396 of the Indian Penal Code and thus he comes within the zone of disqualification and accordingly not entitled for his pre-mature release, giving benefit of remission. In the facts and circumstances of the case, no interference is required in the case of the petitioner. This application is dismissed. SKM (Mridula Mishra, J.) (Dharnidhar Jha, J.)