Awadh Bihari Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4464 of 2025 In CRIMINAL MISCELLANEOUS No.67538 of 2021 Arising Out of PS. Case No.-270 Year-2021 Thana- NAWANAGAR District- Buxar ====================================================== Awadh Bihari Dubey Son of Late Chhabila Dubey Resident of Village - Kadsar, Nawa Nagar, District - Buxar at present Resident of Mohalla - Judge Colony, P.S. - Khagaul, District - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-01-2025 The present application has been filed for modification of the order dated 14.09.2022 passed in Cr. Misc. No. 67538 of 2021, whereby and whereunder the petitioner was granted regular bail subject to one of the conditions that the petitioner shall remain present on each and every date fixed by the court below.

2. Learned counsel for the petitioner submits that the petitioner suffered from massive heart ailment and his ejection fraction is working only @ 37%. It is not medically advisable for the petitioner to physically present on each and every date before the learned court below and this condition may be waived for the petitioner and the order may be modified.

Patna High Court CR. MISC. No.4464 of 2025(2) dt.31-01-2025 2/2

3. Having regard to the facts and circumstances of the case and in the of submission made in the present petition, the condition of petitioner to remain present on each and every date is waived subject to condition that the petitioner may approach the learned trial court with the prayer for his appearance through learned counsel and the petitioner will appear before the learned court below as and when required by it. The other conditions will remain the same.

4. The order dated 14.09.2022 stands modified to the extent indicated above.

5. Accordingly, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U T