IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.865 of 2009 RAGHUBANSH TIWARY s/o late Haridwar Tiwary, resident of village Kaikei, P.S.Shiv Sagar,Distrit Rohtas (Sasaram). Versus 1. STATE OF BIHAR 2. Home Secretary,Department of Home (Special),Bihar,Patna. 3. Inspector General of Police (Jail),Bihar,Patna. 4. District Magistrate,Sasaram. 5.Superintendent ,District Jail, Rohtas (Sasaram) ----------- 2 16.11.2009 The petitioner has filed this writ application for a direction to the respondent- State for a pre- mature release from jail custody. Petitioner had been convicted in a case under Section 302 of the Indian Penal Code and has been punished with imprisonment for life. Petitioner is 97 years old and has already spent more than eight years in prison. He is now suffering from liver cancer in advance stage. It is stated that in terms of the policy decision of the State Government taken for early release of prisoners in such cases being the decision notified under Notification No. K/Jail. Misc. 63/2001-3106,Patna,dated 10.12.2002, the jail Superintendents, Sasaram should immediately recommend his case to the Home Department, if not already done and the Home Department, Govt. of Bihar should immediately constitute a Committee to consider petitioner’s early release in these circumstances. In my view, the prayer as made by the petitioner has to be acceded to and apparently there is no reason not to grant the relief, subject to the facts being verified that the petitioner is indeed as old as he claimed and suffering from disease, as alleged. These are two material facts , if found , correct would entitle the petitioner for an early - 2 - release . Considering the state of facts, as noted above, I direct the Jail Superintendent, Sasaram, and the Secretary, Department of Home,Govt. of Bihar,Patna as well as I.G.,Prison to immediately look into the matter and take a decision positively within two weeks from today. Learned counsel for the State would take steps to inform the authorities aforesaid of the order immediately for its proper compliance. This disposes of the writ petition. singh (Navaniti Prasad Singh,J)