IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.703 of 2008 LALBABU SAHNI @ BHASKAR @ NIRBHAYA @ PARLAY Versus THE STATE OF BIHAR & ORS ----------- 5 05.05.2009 The petitioner is presently lodged in Beur Adarsh Jail in connection with Agamkuan P.S. Case No. 200 of 2007 under Sections 121, 121A, 122, 124K & 120(B) of the Indian Penal Code and 17 Criminal Law Amendment Act as well as 4/5 of Explosive Substance Act. The petitioner’s prayer in this application is for producing him in connection with G.R. No. 194 of 2007/T.R. No. 2618 of 2008 before the Court of S.D.J.M. Sheohar at Sitamarhi in connection with Parsauni P.S. Case No. 7 of 2007 under Sections 384 and 120(B) of the Indian Penal Code. The petitioner seeks his production in the aforesaid cases on the ground that he requires to be remanded in those cases so that the trial relating to those cases may be taken up at an early date. Counter affidavit has been filed on behalf of respondent no. 5, the Jail Superintendent, Adarsh Central Jail, Beur, Patna. The respondent has taken the ground as available under Section 269 of the Cr.P.C for not producing the petitioner/accused in the aforesaid cases. Annexure B and C series are the letters send by the respondent Jail Superintendent, Beur Jail to the concerned court wherein the grounds as under Section 269 of the Cr.P.C have been taken for abstaining petitioner’s production in the aforesaid two cases before the S.D.J.M Sitamarhi and Sheohar at Sitamarhi. - 2 - Learned counsel for the respondent State submits that the petitioner is recently lodged in connection with Agamkuan P.S. Case No. 200 of 2007, which involves the offence of treason and keeping of explosive substance for such purpose. From the FIR, it is pointed out by the learned Standing Counsel for the respondent that trailer load of explosive substance and detonating materials were recovered and a case has been registered in connection with alleged offence of treason and the offence is serious. It is also submitted that the case has been committed to the court of Session and it is pending trial. Further submission is that the petitioner’s detention in Adarsh Central Jail, Beur, Patna is necessary for the trial of the case and he is lodged at present. It is also submitted that the case in which the petitioner is sought to be transferred from Adarsh Jail for the purpose of remanding him are cases of general nature. Section 269 of the Cr.P.C. reads as follows :- “269 Officer-In-Charge of prison to abstain from carrying out order in certain contingencies ---- Where the person in respect of whom an order is made under Section 267 – (a) is by reason of sickness or infirmity unfit to be removed from the prison; or (b) is under committal for trial or under remand pending trial or pending a preliminary investigation........................the Officer-In-Charge of the prison shall abstain from carrying out the court’s order and shall send to the court a statement of - 3 - reasons for so abstaining : Provided that where the attendance of such person is required for giving evidence at a place not more than 25 Kilometers distance from the prison, the Officer-In-Charge of the prison shall not so abstain for the reason mentioned in Clause(b). Thus, the provision under Section 269 of the Cr.P.C mandates the abstention from production of the accused from one jail to another, in case, his case is under committal for trial or under remand pending trial or pending a preliminary investigation. In the instant case, the petitioner’s case has been committed to the court of Session and it is pending trial there. The offence is very serious and heinous. In such circumstances the abstention of the respondent Jail Superintendent from the order of producing the petitioner to other jail for his remand and production, in aforesaid other cases cannot be said to be unwarranted or without any authority. In this view of the matters, presently I find no scope for issuing the direction for the production of the petitioner to other jail for the purpose as prayed for and therefore, no merit in this petition, the same is hereby dismissed. Kundan (C. M. Prasad, J.)