IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.585 of 2009 ASHOK PRASAD @ ASHOK MAHTO, S/O HARI MAHTO, R/O VILLAGE-BARHAUNA, P.S.-PAKRIBARAWAN, IN THE DISTRICT OF NAWADA. ………………PETITIONER. Versus 1. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF BIHAR, PATNA. 3. THE INSPECTOR GENERAL OF PRISON, BIHAR, PATNA. 4. THE SUPERINTENDENT OF JAIL, NAWADA. 5. THE DISTRICT MAGISTRATE, NAWADA. 6. THE SUPERINTENDENT OF POLICE, NAWADA. ………………RESPONDENTS. ----------- 3 30.03.2010 Petitioner has filed this writ application for a direction to the respondent to produce him in the courts of Sheikhpura where six cases are pending against him. It is submitted that at present the petitioner is lodged in Nawada jail and there are number of cases pending against him in Nawada courts at different stages. It is submitted that since the petitioner has not been produced in the cases in Sheikhpura courts for his remand in the cases his detention under those cases are not being counted. Counter affidavits have been filed by respondent nos. 4 and 6. It is stated in the counter affidavit that as many as 20 cases are pending against the petitioner in Nawada courts 2 which are in progress and, therefore, it is not possible for the respondents to shift the petitioner to Sheikhpura jail for his appearance in the cases there. A letter of I.G.(Prison) addressed to all the Jail Superintendents has been annexed as Annexure-A in which Section 269 of the Cr.P.C. has quoted and the Superintendents of Jail have been directed to report action taken by them in terms of said Section 269 of the Cr.P.C. It is true that Section 269 of the Cr.P.C. provides that if committal for trial or under remand trail is pending against an accused, he cannot be shifted to other jail and, therefore, it may not be possible to shift the petitioner from Nawada jail to Seikhpura jail for his appearance in the cases pending against him. But for the purposes of remand only the respondents may consider for production of the petitioner in the cases so that his custody in the said cases pending in Sheikhpura courts may also be recorded for counting his detention under the said cases. The respondents are therefore, directed to consider the case of the petitioner for his 3 production in the courts at Sheikhpura for remand purpose only as and when they may deem it convenient. For this purpose the authorities at Nawada shall obtain necessary information with regard to the next date fixed in the Sheikhpura courts in the cases in which the petitioner is accused. Arvind/ (J. N. Singh, J.)