J.N.Bhatt, J.

1. In this group of throe criminal miscellaneous applications, the common petitioner has, virtually, raised a common question. Therefore, upon consensus, they have been heard together and now are being disposed of by this common judgment/order.

2. In all these cases, the accused petitioner has invoked the jurisdiction of this Court for the exercise of powers u/s. 407 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") for transfer of three cases, namely, Sessions Trial No. 142 of 1995, pending before Fast Track Court I, Begusarai (In Cr, Misc. No. 28169 of 2006), G.R. Case No. 919 of 1994, arising out of Barauni P.S. Case No. 150 of 1994, pending before the Judicial Magistrate, Ist Class, Begusarai (In Cr. Misc. No. 30170 of 2006) and Sessions Case No. 275 of 1993, pending before the Fast Track court IV, Begusarai (In Cr. Misc. No. 27752 of 2006), to any other Court of competent jurisdiction in the State of Bihar, but, outside the district of Begusarai, mainly, on the ground of delay, without making any specific ground or averment or even assertion. At the time of oral submission, a request was made for transfer of these cases to any Fast Track Court in the judgeship of Patna district.

3. The learned Counsel for the petitioner, Mr Ajay Thakur and the learned Advocate General, Mr P.K. Shahi have addressed this Court. The learned Counsel for the petitioner has also, orally, submitted that there is long delay in trial and there is no objection on his part for day-to-day basis trial of all these three cases. He has fairly contended that there is no allegation or any specific ground for transfer except long delay in trial.

4. sec. 407 Cr.P.C. empowers the High Court to transfer cases and appeals in terms of the provisions incorporated therein. It will be interesting and profitable to refer to sec. 407 Cr.P.C., in extenso, which reads hereunder:

407. Power of High Court to transfer cases and appeals.- (1) Whenever it is made to appear to the High Court - (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or

(b) that some question of law of unusual difficulty is likely to arise, or

(c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order - (i) that any offence be inquired into or tried by any Court not qualified under Secs. 177 to 185 (both inclusive), but in other respects competent to inquire into or try such offence;

(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction:

(iii) that any particular case be committed for trial to a Court of Session; or

(iv) that any particular case or appeal be transferred to and tried before itself.

(2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own Initiative: Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the sessions Judge and rejected by him.

(3) Every application for an order under Sub-sec. (1) shall be made by motion, which shall, except when the applicant is the Advocate-General of the State, be supported by affidavit or affirmation.

(4) When such application is made by an accused person, the High Court may direct him to execute a bond, with or without sureties, for the payment of any compensation which the High Court may award under Sub-sec. (7) (5) Every accused person making such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unl