JUDGMENT

Santosh Hegde, J.

The respondent herein Rajesh Ranjan @ Pappu Yadav was in judicial custody. Pursuant to the cancellation of bail by this Court, he was charged for offences punishable under Section 302 read with Section 120B of the IPC and was to be kept in Adarsh Jail, Beur, Patna.

2. When he was supposedly in such judicial custody this Court noticed from Media report that on 4th of May, 2004 he was found addressing an election meeting in a place called Madhepura. Noticing the same, a report was called for from the concerned authorities to apprise this Court on what authority the respondent was found in Madhepura on that day and how he was permitted to address a public meeting.

3. The reports were received from Home Secretary, State of Bihar, the Investigating Agency (CBI) and the Presiding Officer, Fast Track Sessions Court, Madhepura.

4. The above reports showed that Fast Track Sessions Court, Madhepura in a pending trial before it had issued a production warrant and pursuant to the said warrant respondent was taken to Madhepura. Report also stated that the said day was declared as holiday, therefore, he was produced before the Jurisdictional Magistrate and was remanded back to custody. The reports did not, however, indicate on what basis the respondent was permitted to address a political meeting while he was still under custody. The averment in the report filed by the CBI shows that the respondent in collusion with the police authorities accompanying him to Madhepura addressed a public meeting and the escort accompanying him took him to various places which the respondent wanted to visit beyond the scope of the production warrant.

5. The correctness of the issue of the production warrant by Fast Track Court has been directed by us to be investigated by the District & Sessions Judge, Madhepura and the report of the said Judge as well as the explanation given by the Presiding Officer, Fast Track Court is under consideration of this Court and it is not necessary to deal with the same at this stage. Suffice it to note that the respondent had misused the authority of the production warrant issued by the Madhepura Fast Track Court.

6. During the above inquiry, we also came to know that pursuant to the order of this Court canceling his bail on 12th of March, 2004, we had directed the respondent to be taken into custody but in effect the respondent was never taken to the Jail. When he was arrested after the cancellation of bail and taken to Patna very surprisingly an urgent Medical Board was constituted to examine the respondent which immediately on its constitution and examination of the respondent directed that the respondent required medical treatment at Patna Medical College, hence, directed his stay in the said medical college. Though Patna Medical College Hospital has a separate prisoner cell for their treatment, under the special orders of Doctor concerned and the Superintendent of the hospital, petitioner was accommodated in a special ward. The accommodation provided was not only for the respondent but also for his personal staff and others whose presence with respondent was unauthorised. Reply filed by the Superintendent of Patna Medical College and the concerned Doctor who advised his being kept in a special ward is full of contradiction as to why and who ordered his treatment in a special ward. A separate inquiry is being conducted by this Court in this regard but for the present it will suffice to note that the respondent has sufficient clout or enormous influence for reasons whatever it may be with the administration and staff of the Patna Medical College who are prepared to go out of the way to help the respondent from being kept in the confines of a Jail and in providing unauthorised facilities to the respondent.

7. On coming to know of these illegal facilities granted to the respondent this Court directed his transfer to Beur Jail and to provide him treatment, if need be, in the prisoners cell there.

8. In the