IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.889 of 2011 Shankar Singh, Son of Sri Trivani Singh, resident of Mohalla-Sanhauli, P.S.- Chitragupta Nagar, District-Khagaria. ……….Petitioner. Versus 1. The State of Bihar through Home Secretary, Bihar, Patna. 2. The Director General of Police, Bihar, Patna. 3. The I.G. Prison (Jail), Bihar. 4. The D.I.G. Prison (Jail), Bhagalpur. 5. The Jail Superintendent, Mandal Kara, Khagaria. ----------- 2. 12.09.2011 The petitioner’s prayer in this writ application is that having served out his sentence he must be released and his detention is illegal. Office has placed this matter on question of maintainability. We have heard learned counsel for the petitioner and we are satisfied that the writ petition is misconceived. The petitioner in two different trials was convicted and separately sentenced to about three years of imprisonment in each case. There is no order by the court convicting the appellant in either of the cases that the sentence would run concurrently with any other sentence. Thus, in view of provisions of Section 427 (i) of the Code of Criminal Procedure, it is specifically provided that when a person already undergoing sentence of imprisonment is subsequently convicted then the subsequent conviction to imprisonment shall commence after expiry of the imprisonment for which he had previously sentenced. They would run concurrently, only if the court so directs. In the present case, it is not in dispute that before the trial court neither any such prayer was made nor the court so directed that 2 the sentences would run concurrently. That being so, the two sentences would run one after another. Thus, the relief as sought for by the petitioner is contrary to Section 427 (i) of the Code of Criminal Procedure and cannot be granted. The writ petition being misconceived is dismissed as such. Sanjeet (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.)