IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1060 of 2009 1. OZAIR AHMED KHAN @ AZIZ KHAN S/O LATE ABDUL AZIZ KHAN R/O VILL.- KARHARI, P.S.- BIRAUL, DISTT.- DARBHANGA. ……… PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE HOME SECRETARY BIHAR, PATNA 3. THE INSPECTOR GENERAL OF POLICE ( PRISON ) BIHAR 4. THE JAIL SUPERINTENDENT DARBHANGA 5. THE JAIL SUPERINTENDENT, KHUDI RAM BOSE CENTRAL JAIL, MUZAFFARPUR. ……….. RESPONDENTS. ----------- 08/ 20.08.2010 Counter affidavit has been filed on behalf of State, which is on record. Petitioner has filed this application for a direction to the respondents to release him from jail as he is in custody since 30.8.1990. Counter affidavit filed by the State discloses that the petitioner was taken into custody in connection with Katihar P.S. Case No. 39(6) of 1980 and Biraul P.S. Case No. 2(5) of 1980. In both the cases his conviction affirmed by the appellate court. The application filed by the petitioner for pre-mature release by granting remission was forwarded by the authorities of the Special Central Jail, Bhagalpur on 2.4.2007 with a proposal for pre-mature release of the petitioner. The proposal was considered by the State Remission Board on 2.3.2009 but it was rejected since the petitioner has - 2 - not completed 20 years period of confinement with remission. In case of rejection, as per Rule, the application is reconsidered after one year. Accordingly, the case of petitioner was placed again before the Board, in the Board’s meeting dated 9.4.2010. The case of petitioner was considered and an unanimous decision was taken in case of petitioner as well as other similarly situated persons, that whosoever has completed 20 years confinement with remission will be allowed to be released pre-maturely. In view of this decision, an order was passed contained in Memo No. 2653 dated 4.6.2010. In paragraph 2 of the order, it is indicated that persons, who are in confinement in different jails of Bihar, which also included the petitioner, on completion of 20 years period of confinement with remission, will be released. In the counter affidavit also it has been mentioned that the date when the petitioner will complete 20 years period of confinement with remission, he will be released. Since already there is an order passed by the authority in this regard and the petitioner is expected to - 3 - be released on completion of 20 years period of confinement with remission, no further order is required to be passed. This application is disposed of. DKS/ (Mridula Mishra, J.) (Dharnidhar Jha, J.)