Justice A K Pathak dismissed Yadav's plea to quash a magisterial court's order for serving its production warrant to him in Beur Jail near Patna through Bihar home secretary for securing his presence before it on September 26.
Yadav, who is serving life term in Beur jail for killing erstwhile CPI(M) MLA Ajit Sarkar, is also facing trial here in two cases lodged at New Delhi Raliway station in 1996 and 1999.
The magisterial court had issued a fresh production warrant against Yadav on August 7 as the trial was stuck since May 3, 2010 due to his non appearance here.
"The fact that the matter is languishing at this stage for statement of accused since May 3, 2010, this court deems it appropriate and utmost necessary to issue production warrant against accused Rajesh Ranjan alias Pappu Yadav to be executed through Home Secretary, Government of Bihar," the magistrate had ordered.
Yadav, in his plea, had said the trial court judge has exceeded his jurisdiction in issuing production warrants against him.
"The trial court has exceeded his jurisdiction by ordering to issue production warrants against Yadav through Home Secretary, government of Bihar that as prescribed under the law through 'office in charge of prison' that is Superintendent of Beur jail," the petition said.
