IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33919 of 2008 DAROGA KURMI @ BHARDUL KURMI Versus STATE OF BIHAR ----------- 2. 4.9.2008 Heard. Let F.T.C.-V, Sasaram,be directed to issue the release order forthwith for release of the petitioner Daroga Kurmi @ Bhardul Kurmi for the following reasons :- The petitioner undisputedly was granted bail by this Court in Miscellaneous petition no.36244 of 2006 and condition no.1 was that “ petitioner shall be released forthwith, if not wanted in any other case.” Learned Judge refused to release the petitioner because he was accused in No.1 Nauhatta P.S. case no.13 of 2003 (Sessions Trial no.344 of 2007) pending in F.T.C-III and no.2 Nauhatta P.S. case no.36 of 2003 corresponding to Sessions Trial no.154 of 2007 pending in F.T.C.-V. The petitioner was to be released in Sessions Trial no.101 of 2007 arising out of Nauhatta P.S. case no.37 of 2003. The learned court below read the above condition imposed by this Court as restricting his powers to release as he was “ wanted in two more cases ”. When a Court directs that the accused may not be released on bail if he is wanted in any other case then what is meant by it is that he is wanted to be confined, arrested or committed to custody by remanding him in any other case that he could not be released, it is never meant that merely becoming an accused in a case in which he is on bail, would be restricting the release. Learned court - 2 - below appears completely misreading the condition and meaning thereof. Send this order by fax at the cost of the petitioner. sudip ( Dharnidhar Jha,J )