IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.626 of 2007 MAKESHWAR YADAV Versus STATE OF BIHAR & ANR ----------- 4. 09.09.08. In the instant writ application, the petitioner has challenged the order by which he has been transferred from Jamui District Jail to Bhagalpur Central Jail vide order dated 26. 3. 2007. Learned counsel for the petitioner submits that three cases are pending at Jamui District and no case is pending at Bhagalpur. He submitted that some cases are at the stage of framing of charge also. Learned counsel for the petitioner further submits that shifting of petitioner from Jamui District Jail to any other jail would delay his right to speedy trial engrafted in Article 21 of the Constitution of India. Learned counsel for the State has submitted that the petitioner was shifted under the provisions of Section 29(3) of Prisoners Act on the order of the State Government .Having heard both the parties, this Court is of the view that the petitioner has the right to speedy trial of his cases and this would be only possible if he is kept in jail in Jamui district itself. It would be open to the State Government to take all security measures as may deem expedient once he is shifted back to Jamui District Jail. The administrative exigencies can not override the right of speedy trial granted to a citizen under Article 21 of Constitution of India. The counsel for the petitioner has rightly relied upon a decision rendered in case of Rajiv Kumar Singh @ Pintu Singh Vrs. State of Bihar & Ors. reported in 2007 (2) B.L.J 34. Furthermore, almost one and half years 2 have elapsed since passing of aforesaid impugned order dated 26.3.07, shifting the petitioner to Bhagalpur Jail from Jamui Jail. In view of the aforesaid facts and circumstances, the impugned order dated 26.3.07, transferring the petitioner to Bhagalpur Jail for six months as stated in para 4 of Counter Affidavits is set order being infructuous. This Court as such directs the Respondents to shift petitioner to Jamui Jail from Special Central Jail, Bhagalpur so that trial of the three cases, in which he is an accused may proceed without unnecessary delay. With the aforesaid observation this Criminal Writ application is allowed. m.p. (Samarendra Pratap Singh, J.)