IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1060 of 2011 Satish Pandey, S/o Sri Ramashish Pandey, R/o village Naya Gaon, Tulasiya, P.S. Hathua, District- Gopalganj. ..Petitioner Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Chief Secretary, Govt. of Bihar, Patna. 3. The Director General of Police, Bihar, Patna. 4. The Jail I.G., Govt. of Bihar, Patna. 5. The District Magistrate, Gopalganj. 6. The Superintendent of Police, Gopalganj. 7. The Superintendent, Mandal Jail, Gopalganj. ..Respondents ----------- 2 14.11.2011 Heard learned counsel for the petitioner as well as learned AC to G.P. Petitioner has got grievance on account of being transferred from Mandal Jail, Gopalganj to Central Jail, Bhagalpur as a custodial accused in pursuance of the administrative order passed by I.G. Jail, (Annexure-1). Simple submission is that the aforesaid order was directed to the Jail authority with a condition to obtain permission from the Court concerned regarding shifting of custodial accused Satish Panday but instead thereof, as per Annexure-2, a letter has been addressed to the learned Chief Judicial Magistrate, Gopalganj disclosing therein that accused had already been transferred to Bhagalpur. Virtually, vide this Annexure-2 the Jail authority wanted to have a seal over their illegal Act. Other Annexures are also placed ( the requisition for production of warrant against the custodian accused issued by different Courts) and submitted that till today accused has not been produced and on account thereof, 2 trial is being hampered. It is surprising that the Judicial Courts are itself competent to deal with the situation when they are in seisin of the matter and instead of approaching the Courts concerned, coming to this Court in Criminal Writ Jurisdiction finds no concession unless and until the petitioner finds frustrated in his attempt. Therefore, having a liberty to the petitioner to raise his plea before the Court concerned who will take into consideration the prayer, the stage, the necessity of presence of accused, will pass appropriate order and in the aforesaid background, the instant petition is disposed of. Md. Ibrarul ( Aditya Kumar Trivedi, J.)