The Supreme Court on Monday (19 January 2026) directed Bihar authorities to initiate the process for premature release of a life convict who has already spent more than 13½ years in custody. The order came while hearing a Special Leave Petition filed by Buttān Sao, challenging a Patna High Court judgment.
Background of the Case
The case arose from a criminal appeal decided by the Patna High Court in 2019. Buttān Sao later approached the Supreme Court through a Special Leave Petition. Although there was a delay in filing the plea, the Court condoned it after hearing arguments from senior counsel representing the petitioner.
During the hearing, the petitioner’s counsel pointed out that the convict had already undergone more than 13 years of imprisonment and was nearing eligibility for premature release under Bihar’s remission policy.
Court’s Observation
After hearing both sides, the Bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan noted that the petitioner had crossed the substantial part of his sentence.
The Court observed,
“The authorities are bound to consider the claim for premature release as and when the petitioner becomes entitled to the same.”
The Bench also referred to its earlier directions in a suo motu case, making it clear that jail authorities must take up such matters on their own, even without a formal application from the prisoner.
Court’s Decision
The Supreme Court directed the competent authority to initiate the process for premature release once the petitioner completes the required period under the State’s policy. It further ordered that the entire exercise must be completed within two months from the date the process begins.
The Court also instructed the Registry to communicate the order to the concerned Jail Superintendent to ensure timely compliance.
With these directions, the Special Leave Petition was disposed of.
Case Title: Buttān Sao v. State of Bihar
Case No.: SLP (Criminal) Diary No. 63229/2025
Decision Date: 19 January 2026
