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2014 Supreme(Pat) 1127

I.A.ANSARI, SAMARENDRA PRATAP SINGH
Butan Sah – Appellant
Versus
State of Bihar – Respondent


JUDGMENT :

I. A. ANSARI, J.

The petitioner, who is in custody in District Jail, Siwan, consequent to his conviction in as many as 8 (eight cases, agitates, in this writ petition, made under Articles 226 and 227 of the Constitution of India, that he ought to have been released from custody if the provisions of set off, as embodied under Section 428 of the Code of Criminal Procedure, were correctly applied inasmuch as he has, contends the petitioner, served out the sentences, which have been passed against him in the cases aforementioned.

2. The material facts and stages, which have given rise to the present writ petition, fall in a narrow compass and may be set out, in brief, as under :

(i) The petitioner was arrested in connection with Siwan Mufassil Police Station Case No. 221 of 2010 under Section 379 of the Indian Penal Code and remanded to custody on 2-2- 2011 and, on the basis of the statements, allegedly made by the petitioner, he was arrested and remanded to custody in 7 (seven) other criminal cases, all cases having been registered under Section 379 of the Indian Penal Code.

(ii) Besides Siwan Mufassil Police Station Case No. 286 of 2010, wherein the petitioner was remanded to






















































































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