Arvind Kumar v. The State Of Bihar Through C.B.I.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30849 of 2023 In CRIMINAL MISCELLANEOUS No.71779 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- C.B.I CASE District- Patna ====================================================== ARVIND KUMAR Son of Late Jhari Mahto Resident of Deputy Director General of Mines Safety Central Zone (DGMS) Head Office, Dhanbad (Jharkhand).

... ... Petitioner/s

Versus

The State of Bihar through C.B.I. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Vaishnavi Singh For the Opposite Party/s :

Mrs.Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned counsel for the C.B.I.

The present petitioner has been filed for modification of order dated 26.09.2022 passed by this court in Cr. Misc. No. 71779 of 2021, whereby and whereunder the petitioner was granted bail and it is mentioned that in condition no. (ii) "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 is aged about 57 years and is suffering from acute patient of blood pressure, sugar and Covid related problem. He

Patna High Court CR. MISC. No.30849 of 2023(2) dt.10-05-2023 2/2 is posted as Deputy Director General of Mines Safety Central Zone (DGMS) Head Office, Dhanbad in the State of Jharkhand. He further submits that petitioner is resident at Dhanbad (Jharkhand), due to distance and age, petitioner feels great difficulty in travelling from Dhanbad to Patna in order to comply the aforesaid condition. Hence, he prays that condition no. ii be modified in the context of his physical condition. Learned counsel for the C.B.I. does not raise objection.

In the light of aforesaid submission, condition no. ii of order dated 26.09.2022 passed in Cr. Misc. No.71779 of 2021 is modified to the extent that petitioner will co-operate in trial and will remain present during trial and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned trial court itself. In the aforesaid manner, the modification petition stands disposed of.

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