ORDER

1. The application for impleadment is allowed.

2. Leave granted.

3. The appellant is undergoing trial at Begusarai in Sessions Trial No. 23 of 2003 arising out of Bachawara P.S. Case No. 34 of 1999. He filed an application that he be treated at a reputed mental hospital as well as for grant of provisional bail. A Medical Board constituted under the directions of the High Court in its report dated 14-9-2004 recommended that the appellant be , referred to RINPAS Kankey Mental Hospital at Ranchi for providing him Inpatient Psychiatric (Intensive Observation) Care. The High Court, however, rejected the prayer by observing that "However, whatever treatment is available in the State of Bihar will be provided to the petitioner". The prayer for bail was rejected by the impugned order, aggrieved against which, the present appeal has been filed.

4. A limited notice was issued by this Court on 5-1-2005 as to why the appellant cannot be referred to RINPAS, Kankey, Ranchi, as no hospital for specialised treatment to a mentally disturbed person was available in the State of Bihar.

5. Mr B.B. Singh. learned counsel appearing for the State of Bihar does not object to the treatment to be prov