Patna High CourtCR. MISC./62305/2018allowed

Raj Singh @ Raj Bhai v. The State Of Bihar

2018-10-10Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62305 of 2018 ====================================================== Raj Singh @ Raj Bhai Son of Jitendra Singh, resident of VillagePhulhara, P.S.- Kalyanpur, District- Samastipur. .... .... Petitioner/s

Versus

1The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagjit Roshan, Adv For the Opposite Party/s : Mr.J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-10-2018 The present petition has been filed for modification of the order dated 23.02.2017 passed in Cr. Misc. No. 6515 of 2017.

2. Learned counsel for the petitioner states that one of the conditions for grant of bail to the petitioner was as follows :- "(iv) That the petitioner shall remain physically present in Court on each and every date during trial in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court below."

3. It is submitted however, that the petitioner has secured admission in Anand College of Engineering & Management, Kapurthala, Punjab where he is pursuing his studies and uptill then he had regularly been complying with the conditions of bail. It is submitted that compliance of the aforesaid condition would create considerable difficulty in

Patna High Court Cr.Misc. No.62305 of 2018 (2) dt.10-10-2018 his performance in the College and as such assures that he would be well represented through counsel on each and every date, if permitted.

4. Learned APP appears and has been heard.

5. Having regard to the submission on behalf of the petitioner, the condition for grant of bail as contained in para 4(iv) of the order dated 23.02.2017 shall be treated as modified to read as follows - "The petitioner shall remain well represented in Court on each and every date and also undertakes to be personally present as and when the learned Court below so requires during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court below."

6. Cr. Misc. No. 62305 of 2018 stands disposed of. (Vikash Jain, J) Chandran U T