IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.936 of 2009 LALAN KUMAR YADAV @ LALAN YADAV Versus STATE OF BIHAR & ORS ----------- 9/ 30.7.2010 Heard counsel for the parties. This petitioner was convicted for offences under sections 302/34 of IPC and section 27 of the Arms Act vide judgment of conviction dated 24.1.1998 by the 2nd Additional Sessions Judge, Bhagalpur in S.T. No. 176 of 1995 and sentenced to undergo R.I. for life with a fine of rupees one lac vide order dated 5.2.1998. The judgment of the trial court was affirmed even by the Apex Court, of course, with some modification to the extent that the amount of fine was reduced and the term of sentence was made to run concurrently and not consecutively. In this application, prayer of the petitioner is for a direction to the respondents to release him from Central Jail, Bhagalpur since he has completed the period of sentence. The case of the petitioner, as indicated in the counter affidavit filed by the respondent-State, has been recommended for his release and has been sent to the State Sentence Remission Board and the matter is still under consideration. As disclosed in paragraph 16 of the counter affidavit, a proposal for release of the petitioner was sent to the I.G. (Prison) on 27.4.2009 for placing the matter before Remission Board but till date final outcome of the efforts is not known to the respondent authorities. 2 Mr. Neeraj Nandan, G.P. XVIII was asked to get fresh instruction in this matter as to what has happened in the case of the petitioner and today he has informed the Court that the case of the petitioner was considered by the Board and he has been directed to be released. He further submits that necessary directions have been issued in this regard and on completion of the formalities, the petitioner will be released from custody. In view of the aforesaid submissions made by learned counsel for the state, this application is disposed of. Anil/ (Mridula Mishra, J.) ( Dharnidhar Jha, J.)