Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55225 of 2024 In CRIMINAL MISCELLANEOUS No.30198 of 2018 Arising Out of PS. Case No.-79 Year-2018 Thana- AIRPORT District- Patna ====================================================== RAJESH KUMAR SON OF KAILASH PASWAN RESIDENT OF MOHALLA- KAZI BAZAR, PASWAN TOLI, POLICE STATIONHILSA ,DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunal Tiwary, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-07-2024

1. The present petition has been filed for modification of the order dated 30.05.2018, to the extent that the condition imposed upon the petitioner of marking his attendance, before the officer-in-charge of the concerned police station at 10:00 A.M. on each and every Monday of the month, be omitted.

2. The learned counsel for the petitioner submits that for the last six years, the petitioner has never defaulted in complying with the aforesaid condition, imposed upon the petitioner, vide order dated 30.05.2018, however, the fact remains that after framing of charge, there has been negligible progress in the trial, apart from the fact that he has been married in the meantime, is having two children from his marriage and has got a food grains dealership at Hilsa, hence coming to Patna, every week creates a

Patna High Court CR. MISC. No.55225 of 2024(2) dt.26-07-2024 2/2 hinderance in his business activities, thus a sympathetic view be taken and the aforesaid condition be removed.

3. Having regard to the facts and circumstances of the case, considering the averments made in the present petition and taking into account the fact that the petitioner has been religiously adhering to the aforesaid condition, as imposed by this Court, by the aforesaid order 30.05.2018, apart from the fact that the petitioner has moved ahead in his life and is finding it difficult to leave his family and business at Hilsa and come to Patna every week, I deem it fit and proper to modify the aforesaid order dated 30.05.2018, by omitting the aforesaid condition, imposed upon the petitioner, by which the petitioner was directed to mark his attendance before the officer-in-charge of the concerned police station at 10:00 A.M. on each and every Monday of the month.

4. The petition stands disposed off with the aforesaid modification in the order dated 30.05.2018, passed in Cr.Misc. No.30198 of 2018, however, the rest of the order shall remain the same.

(Mohit Kumar Shah, J) Saurav/- U T