Rajesh Kumar Singh @ Pinku Singh @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60410 of 2017 ===================================== Rajesh Kumar Singh @ Pinku Singh @ Rajesh Kumar S/o Rajdeo Singh, R/o Village- Sultanpur, Jarlaha Tola, P.S.- Mohiuddin Nagar, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-03-2018 The petitioner was granted bail vide order dated 03.07.2013 by a Bench of this Court in Cr. Misc. No. 7611 of 2013 but considering the antecedents of the petitioner, this Court had directed the petitioner to appear before the Superintendent of Police, Nalanda at Biharsharif within fifteen days of his release with a copy of the order and on every two weeks thereafter till the end of the trial. This was directed for the purposes of keeping a watch over the conduct of the petitioner during the period of trial.

A modification of the aforesaid order has been sought for by the petitioner on the ground that till date, after every two weeks, the petitioner has been getting his presence marked before the Superintendent of Police, Nalanda at Biharsharif but in this case, even after the charges having been framed a long time back, not a single witness has

Patna High Court Cr.Misc. No.60410 of 2017 (4) dt.28-03-2018 2/2 turned uptil now. The conduct of the petitioner has also been found satisfactory. The Superintendent of Police, Nalanda at Biharsharif has also reported that on an interval of two weeks, the petitioner has regularly been getting his presence marked.

Since the petitioner resides in a village in Samastipur District and finds it very inconvenient to go to the Biharsharif after every two weeks, the petition seeking modification of the order referred to above, has been filed.

Regard being had to the circumstances of this case, this Court deems it appropriate to modify the order dated 03.07.2013 passed in Cr. Misc. No. 7611 of 2013. Now, the petitioner shall not be required to present himself before the Superintendent of Police, Nalanda at Biharsharif after every two weeks. The petitioner shall only be required to be present on dates when the witnesses would be examined.

The order dated 03.07.2013 passed in Cr. Misc. No. 7611 of 2013 stands modified to the extent indicated above. Accordingly, the application stands allowed.

(Ashutosh Kumar, J) Shageer/- U T