IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.886 of 2009 RAM CHANDRA CHOUDHARY Versus 1. STATE OF BIHAR 2. DIRECTOR GENERAL OF PRISON, BIHAR. 3. JAIL SUPERINTENDENT, BHAGALPUR CENTRAL JAIL(CAMP), BHAGALPUR 4. SURESH CHOUDHARY, KADAMTAR SILAO, NALANDA. ----------- 6. 29.09.2010. Heard learned counsel for the parties. The petitioner prays for commanding respondent authorities to forthwith release his brother from Bhagalpur Central jail, Bhagalpur as he has already completed the period of imprisonment. The petitioner is own brother of respondent no.4 who was an accused in Silao Police Station Case No. 9(5) of 1980 u/s 302/149 I.P.C. giving rise to Sessions Trial No. 234 of 1981. Learned Addl Sessions Judge, Nalanda vide judgment dated 21.6.1990 awarded life sentence to Suresh Choudhary under section 302 I.P.C. The petitioner preferred an appeal before this Court vide Cr. Appeal no. 244 of 1990 (DB) which was dismissed on 7.4.1998. however, appeal filed by other co-accused was allowed vide Cr.Appeal no. 230 of 1990 (DB). SLP (Cri) No. 5521 of 1998 was preferred which too was not admitted. The State counsel referring to counter affidavit submits that it would appear from annexure B that on 15.9.2009, the petitioner had put in total of 17 years 10 months of imprisonment including 14 years 1 month and 2 days of actual imprisonment and remissions earned to the tune of 3 years 8 months and 28 days. 2 The petitioner submits that since the calculation done on 15.9.2009 more than a year has elapsed and by this time the petitioner has completed 15 years 1 month and 16 days of actual imprisonment, besides remission earned in the last one year. Even without taking into consideration the remission earned in last year, then by this time the petitioner would be completing more than 18 years 11 months and 15 days of total imprisonment. If remission in last one year is added total period would come around 19 years and 4 months. Learned counsel submits that the remission Board has not taken into consideration the period spent by the petitioner in jail as under trial prisoner. The petitioner states that Suresh Chaudhary has remained in custody as under trial prisoner for more than 1 year 2 months ranging from 26.5.1980 to 2.8.1981. If this period is taken into consideration, the petitioner by now have put in about more than 20 ½ years in imprisonment including more than 15 ½ years of actual imprisonment. In the circumstances, this Court directs the State Remission Board to once again examine the matter of respondent no. 4, namely, Suresh Choudhary and pass appropriate order in accordance with law within a period of one month from the date of receipt/production of a copy of this order. The writ petition stands disposed of accordingly. Shashi. (Samarendra Pratap Singh, J.)