Rajan Kumar Singh @ Rajan Kumar @ Kush v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6369 of 2020 In CRIMINAL MISCELLANEOUS No.49415 of 2015 Arising Out of PS. Case No.-146 Year-2014 Thana- ISUAPUR District- Saran ====================================================== RAJAN KUMAR SINGH @ RAJAN KUMAR @ KUSH Son of Amir Singh Resident of Village - Gangoyea (Gangoi), P.S. - Isuapur, Distt. Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 02.02.2016 passed by a Coordinate Bench of this Court in Cr.Misc.No.49415 of 2015 in connection with Ishuapur P.S. case No.146 of 2014 pending in the court of Additional Sessions Judge Vth, Saran at Chapra. The petitioner was granted bail by order dated 02.02.2016 passed in Cr.Misc.No.49415 of 2015 vide Annexure 1 to the present application with a direction that the petitioner shall remain present before the court below on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from

Patna High Court CR. MISC. No.6369 of 2020(3) dt.28-04-2022 2/2 privilege of bail.

On behalf of the petitioner, it has been submitted that on each and every date the petitioner has been appearing and in the changing circumstances the Court is vacant and hence the case is not proceeding. Hence, counsel for the petitioner prays that the order dated 02.02.2016 passed in Cr.Misc.No.49415 of 2015 vide Annexure 1 may be modified to the extent that the petitioner may be exempted from appearing before the court below on each and every date during trial.

Considering the facts and circumstances, the order dated 02.02.2016 passed in Cr.Misc.No.49415 of 2015 vide Annexure 1 is modified to the extent that the petitioner is exempted from appearing before the court below on each and every date during trial, but the petitioner remain present before the court below as and when required by the trial court. The rest of the conditions stipulated in the order dated 02.02.2016 passed in Cr.Misc.No.49415 of 2015 will be same. The modification application is, accordingly, disposed of.

Narendra/- (Sudhir Singh, J) U T