IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1138 of 2011 Ran Vijay Kumar @ Ran Vijay Singh, Member of Legislative Assembly, Goh Assembly Constituency, Aurangabad, son of late Ram Das Singh, resident of village Bandeya, PS –Goh, dist- Aurangabad, presently M.L.A. Residence No. 21, Strand Road, Patna ……………………………………Petitioner Versus 1.The State Of Bihar 2. The Secretary, Home Department, Govt of Bihar, Patna 3. The I.G Prison, Govt of Bihar, Old Secretariat, Patna. 4. The District Magistrate, aurangabad. 6. The Superintendent of sub- Jail, Aurangabad. ……………………………….Respondents 02 02.12.2011 Heard learned counsel for the petitioner and learned AC to AAG-15. Petitioner happens to be a sitting M.L.A who is in custody in connection with Goh P.S.Case No. 8/2005, Session Trial No.431/2008 pending before the learned Sessions Judge, Aurangabad. As prayed for, this Court should permit him to participate in the Assembly Session which has commenced from 2.12.2011 to 9.12.2011 under proper escort as the prayer has been refused by the lower court vide order dated 26.11.2011. He has filed the instant writ petition for getting his prayer accepted. It is submitted that previously also he has availed such liberty by the order of the Hon’ble Apex Court in Cr. W.J.C No. 604 of 2007 vide order dated 2 19.7.07, in Cr. W.J.C No. 1064 of 2007 vide order dated 6.12.07 and in Cr. W.J.C No. 233 of 2008 vide order dated 20.3.08. It has further been submitted that earlier also he was availing privilege from the lower court itself by having presence under proper escort, however, it has been refused at the present moment. The learned Sessions Judge, Aurangabad did not consider the aforesaid facts which happen to be in Annexures- 3, 4 and 5 of the petition. State has not opposed the same. In the aforesaid facts and circumstances, respondents 3 to 6 are directed to take proper step in this regard so that the petitioner in the present case may participate in the Bihar Assembly Sessions going to commence in between 2.12.2011 to 9.12.2011, the period when Bihar Assembly Session is going on under the proper escort. Just after closing of the session, petitioner will be taken back to the same Jail. Accordingly the order dated 26.11.2011 passed by the learned Sessions Judge Aurangabad in Session trial No. 431 of 2011 is set aside. This petition is allowed. Let a copy of this order be served upon the 3 counsel for the State for its strict compliance. Namita ( Aditya Kumar Trivedi , J.)