IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19587 of 2008 BADARUJAMA KHAN @ BOBBY KHAN Versus 1. STATE OF BIHAR 2. SHICHANDRA SAH For the petitioner : Mr. Rajiv Kumar Verma, Sr. Advocate. For the State : Mr. G.P. Jaiswal, Sr. Advocate. ----------- 3 05.01.2009 Heard. The petitioner seeks transfer of Kazimohammadpur P.s. case no. 293/2004 giving rise to Sessions Trial No. 296/2006 from the Court of Addl. Sessions Judge IX, Muzaffarpur to any suitable Court in the judgeship of Darbhanga. The ground(s) highlighted for such transfer have been set out in paragraph nos. 14 to 19 of the present application. It has been submitted that petitioner, who is an accused in Kazimohammadpur P.s. case no. 293/2004 had to lodge a case being Darbhanga P.S. case no. 358/2007 in relation to an occurrence in which it is alleged that rangdari tax was demanded from him. Counsel for the petitioner, referring to a bail order passed in the case lodged by the him, submitted that the threat perception has been taken note of by the learned Court while considering the bail application filed on behalf of the accuseds of Laheriasaria P.S. case no. 358/2007 (Annexure-2). In the light of the said facts, it has been submitted that the cause of justice shall be subserved if the case is transferred - 2 - from Muzaffarpur to Darbhanga. The learned APP has opposed the prayer. This Court, having regard to facts appearing on the record, is of the view that the solitary case referred to the petitioner will not justify transfer of the case. The petitioner has admitted before this Court that a body guard has been provided to him by the local authority. Counsel for the State submits that if the petitioner has really any serious threat to his life, he can request for appropriate/suitable protection and the district administration may, on the basis of the threat perception, grant him suitable protection. Having considered the rival submissions, this Court is not satisfied that a case justifying transfer of the case is made out. The application stands dismissed. This Court, however, observes that if such an application is made by the petitioner, the authority will consider the same in accordance with law and grant appropriate relief/protection. pkj ( Kishore K. Mandal, J )