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Patna High CourtCR. MISC./15584/2021allowed

Alok Ranajan @ Alok Ranjan v. The State Of Bihar

2021-07-28Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15584 of 2021 In CRIMINAL MISCELLANEOUS No.57909 of 2019 Arising Out of PS. Case No.-44 Year-2017 Thana- AGAMKUAN District- Patna ====================================================== Alok Ranajan @ Alok Ranjan, S/o Umesh Prasad Singh, R/o villageJatdumari, P.S.- Punpun, District- Patna, at present renter in the house of Late Vishwanath Prasad Mithapur, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance Department, Bihar Patna Through Its S.P. Vigilance Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate Mr.Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Ms. Archana Palkar Khopde, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 28-07-2021 This application has been filed to modify/clarify the order dated 12.10.2020 passed in Cr. Misc. No. 57909 of 2019. Learned counsel for the petitioner submits that this court while allowing the bail application of the petitioner vide order dated 12.10.2020 in Criminal Miscellaneous No. 57909 of 2019 imposed "condition no. 2 that petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and his absence on two

Patna High Court CR. MISC. No.15584 of 2021(2) dt.28-07-2021 2/2 consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below', due to which, petitioner, being an employee of Indian Railways, has to take frequent leave from his duty to attend the court, as a result of which, petitioner is facing difficulty in discharging his official duty. In such view of the matter, condition no.2 is clarified that petitioner shall remain physically present on all dates or can be represented through his lawyer for compelling reasons and if there is specific direction of physical presence of petitioner by the trial court, he shall remain physically present and in spite of direction of the trial court, if petitioner fails to remain present on two consecutive dates, the trial court shall be at liberty to cancel his bail bond.

The order dated 12.10.2020 passed in Criminal Miscellaneous No. 57909 of 2019 is clarified/modified to the extent as indicated above.

(S. Kumar, J) Rajiv/veenaU T