Triloki Nath Singh v. The State Through C.B.I.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24987 of 2023 In CRIMINAL MISCELLANEOUS No.70500 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- C.B.I CASE District- Patna ====================================================== TRILOKI NATH SINGH S/O LATE JAGDISH PRASAD SINGH R/O Village- Professor Colony, Gali No. 03, Hirapur, Plot- 2679, P.S- Dhanbad (Jharkhand), Distt.- Dhanbad (Jharkhand).

... ... Petitioner/s

Versus

THE STATE THROUGH C.B.I. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aditya Narayan Singh.1 For the Opposite Party/s :

Mrs.Nivedita Nirvikar, Sr. Adv.

Mr. Somesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned counsel for C.B.I.

The present petition has been filed for modification of condition no. 2 of order dated 26.09.2022 passed in Cr. Misc. No. 70500 of 2021 which says that "petitioner shall remain present before the trial court on each and every date without fail, failing which the trial court shall cancel the bail bond of the petitioner".

Learned counsel for the petitioner submits that petitioner was suffering from several disease since 2014 and remained under treatment by the different doctors continuously. He further submits that presently petitioner is suffering from

Patna High Court CR. MISC. No.24987 of 2023(3) dt.26-04-2023 2/2 Transitional Cell Carcinoma Bladder (Bladder Cancer) but due to condition no. 2 he is unable to get his treatment as per advice of the doctor. Hence, learned counsel for the petitioner prays that condition no. 2 of order dated 26.09.2022 passed in Cr. Misc. No. 70500 of 2021 may be modified in the context of his critical health condition.

The learned counsel appearing for C.B.I. does not raise any objection over the same.

In the light of submission made by learned counsel for the petitioner, condition no. 2 of order dated 26.09.2022 passed in Cr. Misc. No. 70500 of 2021 is modified to the extent that "petitioner will co-operate in trial and will remain present during trial and his absence for two consecutive dates without appropriate permission from the concerned court, would be a ground for cancellation of bail by the learned Trial court itself."

In the aforesaid manner, this modification petition stands disposed of.

(Alok Kumar Pandey, J) alok/- U T