IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.679 of 2011 Jichcha Singh @ Dichcha Singh s/o late Mahendra Singh, resident of village- Dharampura, P.S. Rajgir, District- Nalanda. ……..Petitioner. Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar. 2. The Home Commissioner, Home department, Bihar, Patna. 3. The I.G. Prison, Home Department, Patna. 4. The State Sentence Remission Board, Bihar, Patna. 5. Superintendent, District jail, Biharsharif. ..….Respondents. ----------- 2 19/07/2011 By this writ application, the petitioner, who is serving out life sentence, seeks early release and liberty. He was serving out his sentence in Nalanda Division Jail. The petitioner states that his case was prejudicially dealt with by the Remission Board. He submits that the Jail Superintendent of Nalanda Division Jail, Sri Lalan Kumar Singh, laid a wrong and biased report. He submits that the case in which he was convicted was of two murders but to prejudice the authorities of the Remission Board, he has mentioned that there were three murders. Similarly, he has mentioned other facts only to prejudice the authorities. He submits that the Jail Superintendent, Sri Lalan Kumar Singh, is hostile to him and is not granting him remission to ensure that he remain in jail custody. We have perused the recommendation of the Remission Board. The only ground to deny early release of the petitioner was that if physical incarceration and available remission are put together, though the petitioner has completed 14 years of physical incarceration, he has ,in all, not completed 2 20 years in custody. The ground for rejecting his early release is not otherwise, as pointed out by the learned counsel for the petitioner. Learned counsel for the petitioner then submits that he has been transferred to Bhagalpur Jail for six months but mischievously his history-sheet has not been sent so as to disentitle him any remission there. He also apprehends that if he has sent back to Nalanda Division Jail then he would suffer at the hands of the Superintendent therein. In view of the facts, noted above, we are not inclined to interfere with the matter. The decision of Remission Board does not call for any interference. However, as the petitioner has been transferred to Bhagalpur Central Jail, it goes without saying that all the authorities would see that all his records including his history- sheet is immediately sent to the Bhagalpur Jail. The petitioner being the resident of Biharsharif is ready to stay at Bhagalpur Jail rather than Biharsharif. This fact, the authorities, will keep in mind while passing any further order. If any remission is due to the petitioner, while stay at Bhagalpur, the same shall be duly granted to him and enter in his history sheet. Before parting with the order, it may be noted that learned counsel for the petitioner submits that the petitioner is 70 years old and he has been put in cell, in our view, the jail authorities at Bhagalpur, would look into the matter and keeping in view of age take an appropriate decision at an early date. With the aforesaid observations and directions, the writ petition stands disposed of. 3 Let a copy of this order be sent to the Jail Superintendent, Bhagalpur and Jail Superintendent, Biharsharif at the cost of the petitioner. Singh ( Navaniti Prasad Singh, J.) (Ashwani Kumar Singh,J)