IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.619 of 2009 SRI JANARDAN SINGH, S/O KISHORI RAMAN SINGH, R/O VILLAGE-AUAN, P.O.-CHHOTKI CHENARI, P.S.- SHIVSAGAR, DISTRICT-ROHTAS (BIHAR). ……………PETITIONER. Versus 1. STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HOME, SECRETARIATE, PATNA. 2. THE SECRETARY, DEPARTMENT OF LAW AND JUSTICE, SECRETARIATE, PATNA, BIHAR. 3. THE DISTRICT MAGISTRATE, DISTRICT-ROHTAS, SASARAM, BIHAR. 4. THE SUPERINTENDENT OF JAIL, DISTRICT JAIL, SASARAM, DISTRICT-ROHTAS (BIHAR). ………………RESPONDENTS. ----------- 3 26.02.2010 Petitioner has filed this writ application for a direction to the respondents to place his matter for consideration before the Bihar State Sentence Remission Board. It is submitted that the petitioner is suffering from incurable disease which is connected with the heart and breathing. Since any incurable disease connected with the heart and breathing is one of the eligibility conditions as laid down in Clause 3 (cha) of the notification dated 10.12.2002, petitioner is fit to be considered by the Board for remission. It is submitted that the petitioner has completed more than 12 years of actual confinement pursuant to his conviction and sentenced for life. 2 A counter affidavit has been filed by the Superintendent of Mandal Kara, Sasaram. It is stated that the petitioner was referred to Medical Board on 28.10.2009 and the Medical Board after examining the petitioner has submitted its report which is Annexure-A to the counter affidavit. The report shows that the petitioner’s problem of Hemiparesis is incurable. Learned counsel for the petitioner submits that this ailment of the petitioner is connected with the heart and breathing. Therefore, the petitioner’s case should be considered by the Board in terms of the said notification. In this regard, he submits that the case of the petitioner has already been referred by the Superintendent, Mandal Kara, Sasaram to the Board, but the Board has not taken it into consideration so far. In the circumstances, this writ application is disposed of with a direction to the Board to consider the case of the petitioner also along with others in its next meeting for remission. It is made clear that this Court has 3 not expressed its opinion on the eligibility of the petitioner for remission. Arvind/ (J. N. Singh, J.)