IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.975 of 2008 GUDDU RAI @ DHANANJAY RAI, Son of Subhash Chandra Rai, resident of Village- Dehri, Police Station- Rajpur, District- Buxar. -----Petitioner. Versus 1. The State of Bihar through I.G. Prion. 2. The Inspector General of Prison, Bihar. 3. The Superintendent of Jail, Central Jail, Buxar…..Respondents. ----------- For the petitioner: Mr. Kalyan Shankar,Advocate. For the State : Mr. Rajiv Kumar Singh, A.C. to G.A. VI. ----------- 5. 23.4.2009. This application has been filed with a prayer for direction to the respondents police authorities to produce the petitioner before the Additional Civil Judge-II, Gazipur (U.P.), in connection with Bhanwerkol P.S. Case No. 116 of 2006. Petitioner’s case is that the petitioner is an accused in connection with Bhanawerkol P.S. Case No. 116 of 2006 under Sections 379 and 411 of the Indian Penal Code and he is required to produce before that court and that for his production warrant vide annexure-1 has also been sent to the Jail Superintendent, Central Jail, Buxar(Bihar) where the accused is presently incarcerated. The counter-affidavit of the respondents indicates that the petitioner is incarcerated in Buxar Central Jail in connection with Sessions Trial No. 338 of 2006 before the court of the Additional Sessions Judge, Fast Track Court-II, Buxar. The petitioner asserts that since the case relates to production of accused before the courts of different States, therefore, permission of the D.I.G., Sahabad Range, Dehri-on-Sone, is required and the permission has already been granted by the D.I.G.,Sahabad - 2 - Range, Dehri-on-Sone, vide annexure-A/3 to the counter-affidavit. It is also submitted that vide Annexures A/1 and Annexure- B, the Jail Superintendent, Buxar, has also requested for providing a Escort Party for producing the petitioner before the court of the Additional Civil Judge-II, Gazipur, in connection with Bhanwerkol P.S. Case No.116 of 2006 but due to non providing of Escort the petitioner has not been produced there as a result of which the petitioner’s trial is being delayed. Learned counsel appearing for the respondents says that seeing the “Lok Sabha Election” there is shortage of police force and due to this reason presently it is not possible to provide Escort party for such purpose but, learned counsel says that as soon as the election process is over, Escort Party will be available and the petitioner will be produced before the Additional Civil Judge-II, Gazipur. Learned counsel also says that the petitioner is facing trial as many as in five cases at different courts in Bihar and that due to his incarceration in jail in different States the trial of this case in this State will delay. Still, the learned counsel for the respondents says that the State officials will take all interest in getting the petitioner produced before the Additional Civil Judge-II, Gazipur. Thus hearing, this application is disposed of with a direction to the respondents to produce the petitioner before the Additional Civil Judge-II, Gazipur, in connection with Bhanwerkol P.S. Case No. 116 of 2006 preferably within two months from the date of receipt/production of a copy of this order. - 3 - At the request of Mr. Rajiv Kumar Singh, A.C. to G.A. VI, a copy of this order be handed over to him. U.K. (C.M.Prasad,J)