IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7085 of 2011 JITENDRA SWAMI Versus THE STATE OF BIHAR ----------- 7/ 27.4.2011 Heard. By its order dated 18.3.2011, the court had applied its own option for getting the petitioner checked up by Dr. Virendra Prasad Sinha (Dr. V.P. Sinha), who was informed to be Associate Professor, Cardiology Department, PMCH, Patna and direction in that behalf were clearly issued by that particular order. It appears that in pursuance to that order of this Court, the petitioner was produced before Dr. Sinha and, accordingly, he was admitted in his ward for carrying out the tests as per direction of this Court and, lastly, after fully affiliating the health conditions of the petitioner, the petitioner was discharged on 4.4.2011. Dr. Sinha has submitted his report in an envelope, which is available at Flag – „H‟ and it appears from the prescriptions, which contains the advice, that “in view of PTCA re-evaluation of Stent for thrombosis/closure is needed so evaluation should be done at AIIMS, CTVS Deptt., New Delhi”. In the light of the above advice, it is desirable that the petitioner should be shifted under proper escort at the cost of the State Government from District Jail, Siwan to the concerned Department/Ward of the department for evaluation at convenient time and not beyond fifteen days of the receipt of the copy of the 2 present order. The doctors, who could be carrying out the tests in AIIMS, if necessary, shall admit the petitioner for necessary check- up and tests and after treating the petitioner in a maximum period of one week, as per the requirement of his health conditions, shall discharge him whereafter the petitioner shall be lodged again in District Jail, Siwan. It may be pointed out to all concerned that no undue delay in taking the petitioner to AIIMS, New Delhi and bringing him back to Siwan Jail shall be made by any one who could be concerned or had the duty to comply the present order. No doctor shall keep the petitioner for any period more than could be required. In the light of the above order, the learned senior counsel Shri Rajendra Prasad Singh, seeks to withdraw the petition on account of the fulfillment of the purpose of filing the petition with liberty that, he will be filing a fresh petition, if need be, in future. This petition stands dismissed as withdrawn with the above direction on compliance of the present order. Let a copy of the present order be transmitted to the trial court, i.e., Additional Sessions Judge – I, Siwan through Fax, who will inform all concerned by enclosing a copy of the present order. Anil/ ( Dharnidhar Jha, J.)