IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33051 of 2008 NANDAN SINGH Versus THE STATE OF BIHAR ----------- 2 22.1.2009 The petitioner is an accused in Nagar (Begusarai) P.S. Case no.360 of 2007 dated 18.11.2007 under section 302 of the Penal Code for killing an Additional Public Prosecutor who was pursuing prosecution against a local M.P. The petitioner initially sought for transfer of the case from Begusarai district to any other district in the State of Bihar. As this court did not seem incline to accede to the aforesaid plea, the petitioner submitted that at least he would be entitled to have a lawyer of his choice. It is further submitted that in case such a lawyer is appointed, he should be provided all protection because of tough attitude of members of the Bar. Learned counsel for the State submits that already one Shri Sukhdeo Prasad, Advocate from the panel of Legal Services Authority was provided to the petitioner to defend his case. He further submits that the Sessions Judge in his order noted that he very ably assisted the court. There cannot be any dispute that an accused is entitled to have a lawyer of his choice to defend his case. In the circumstances, the petitioner would be at liberty to engage any counsel of his choice. In case such counsel is appointed to represent the petitioner, it would be expected that nothing should be done to deter him from appearing for the petitioner. In case if there is - 2 - KHAN any genuine apprehension, it would be open to him to make a representation before the police who will ensure necessary protection. With the aforesaid observation, this application stands disposed of. (S.P.Singh,J)