Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28324 of 2024 In CRIMINAL MISCELLANEOUS No.26086 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- BARH District- Patna ====================================================== Saurabh Kumar SON OF Umesh Prasad RESIDENT OF VILLAGERASULLA WARD NO. 16, PS- BARH, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-05-2024 The present petition has been filed for modifying the order dated 07.07.2023 passed in Criminal Misc. No. 26086 of 2023, to the extent that the condition imposed upon the petitioner no. 1 of the said case i.e. Saurabh Kumar regarding marking of attendance before the Officer In-Charge of the concerned Police Station at 10:30 A.M. on every Monday of the week, be modified and he be permitted to mark attendance once a month.

2.

The learned counsel for the petitioner herein submits that the petitioner is a student and has to appear in various examinations, hence the condition of marking attendance on every Monday

Patna High Court CR. MISC. No.28324 of 2024(2) dt.03-05-2024 2/3 of the week, before the Officer In-Charge of the concerned Police Station at 10:30 A.M., is impeding his studies and career prospects, hence it is submitted that a sympathetic view be taken and the petitioner be permitted to mark attendance before the Officer In-Charge of the concerned Police Station, once a month.

3.

Per contra, the learned A.P.P. for the State submits that it is the prerogative of this Court to modify the condition imposed upon the petitioner herein, hence appropriate orders, as is deemed fit and proper, may be passed.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to modify the order dated 07.07.2023 passed in Criminal Misc. No. 26086 of 2023 to the extent that henceforth i.e. starting from the month of May, 2024, the petitioner shall mark his attendance, before the Officer In-Charge of the concerned Police Station, once every month.

5.

Rest of the order dated 07.07.2023 passed in Criminal Misc. No. 26086 of 2023 would

Patna High Court CR. MISC. No.28324 of 2024(2) dt.03-05-2024 3/3 remain as it is.

6.

Accordingly, the present petition stands disposed off with the aforesaid modification in the order dated 07.07.2023 passed in Criminal Misc. No. 26086 of 2023.

(Mohit Kumar Shah, J) S.Sb/- U T