IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.280 of 2010 MD. KALAM @ SHEIKH EQBAL @ EQBAL SHEIKH, SON OF LATE ABDUL JABBAR @ SHEIKH ABDUL RESIDENT OF ISLAMPUR NALANDA, P.S. ISLAMPUR, DISTRICT NALANDA. ….PETITIONER Versus 1. STATE OF BIHAR 2. THE INSPECTOR GENERAL OF POLICE (JAIL), BIHAR. 3. THE SUPERINTENDENT OF POLICE, PATNA. 4. THE SUPERINTENDENT, BEUR JAIL, PATNA. …RESPONDENTS ----------- 03. 09.04.2010 Heard Mr. Kailash Nath Diwakar for the petitioner, and Dr. Md. Raisul Haque, learned Government Pleader No.5, for the respondents. It is prayed in the writ petition that the petitioner may be released on transit bail for two weeks, so that he may surrender in the court of the learned Judicial Magistrate, 1st Class, Dhanbad, because he is an accused and is in custody in Bank More P.S.Case No.179/07 district of Dhanbad, in the State of Jharkhand. He is lodged in the Beur Jail, Patna. In the alternative, it is submitted for a direction to the authorities in Bihar to transfer the petitioner from Beur Jail to any other jail in the State of Jharkhand for his production in the Bank More P.S.Case No.643/2005, situate in the State of Jharkhand. Learned Government Pleader No.5 submits that the present writ petition for issuance of a writ of Habeas Corpus is not maintainable in view of the averments made in the writ petition and the relief prayed for herein. In the facts and circumstances of this case, we are not inclined to entertain this writ petition, inter alia, on the ground that - 2 - substantive criminal case against the petitioner is pending in the State of Jharkhand, though he is in custody in the State of Bihar. We, therefore, dismiss this writ petition. It goes without saying that it will be open to the petitioner to move appropriate court of competent jurisdiction in the State of Jharkhand. hr ( S. K. Katriar ) ( Kishore K. Mandal )