IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5177 of 2010 OM PRAKASH PODDAR S/O MAHADEO PODDAR LEGAL ADVISER-CUM-ADVOCATE, CIVIL COURT MUNGER, RESIDENT OF MOHALLA- BEKAPUR KIRANAPATTI, P.S.KOTWALI, DISTT-MUNGER. ----Petitioner. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, MINISTRY OF HOME STATE SECRETARIAT PATNA , BIHAR 2. THE INSPECTOR GENERAL OF PRISON OLD SECRETARIAT, HOME DEPARTMENT , PATNA , BIHAR 3. THE STATE SENTENCE REMISSION BOARD, THROUGH ITS CHAIRMAN, DEPARTMENT OF HOME PATNA , BIHAR. ------------Respondents. ----------- For the petitioner: Mr. Shyaram Sahi & Mr. Ram Sevak Choudhary, Advocate. For the Respondents: Mr. A. Amanullah, S.C.17. --------------- 2 26-03-2010 In this Public Interest Litigation the petitioner, an Advocate, has raised a basic issue that though certain persons, who are suffering incarceration and languishing in jail are entitled to get the benefit of notification dated 10th December, 2002 contained in Annexure-2, yet their cases are not being sent to the State Sentence Remission Board (in short ‘Board’). That apart, it is urged that the Board is not meeting regularly as a consequence of which the cases which have been sent in accord with the provisions contained in notification dated 10.12.2002, 2 same are not being dealt with. Having heard Mr. Shiyaram Sahi, learned counsel for the petitioner and Mr. Amanullah, learned counsel for the State, it is directed that every Superintendent of Jail shall send the cases to the Board in accordance with the terms and conditions stipulated in the notification dated 10.12.2002 in every three months and the Board on receipt of recommendations shall meet and take a decision as per law in quite promptitude. We hope and trust, the authorities shall abide by the notification of the State and the role attributed to the Board, for when there is provision for a person to be set at liberty by way of consideration his case has to be considered. With the aforesaid direction, the writ petition stands disposed of. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)