Jitendra Singh @ Shailendra Singh @ Jitendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31939 of 2019 In CRIMINAL MISCELLANEOUS No.22841 of 2018 Arising Out of PS. Case No.-19 Year-2016 Thana- JAYNAGAR District- Madhubani ====================================================== Jitendra Singh @ Shailendra Singh @ Jitendra Kumar Singh Son of Rameshwar Mahto @ Rameshwar Singh Resident of Village - Madhiya Tola, Kamlabari, P.S.- Basopatti, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for modification of condition No. (2) of the order dated 22.6.2018 passed in Cr. Misc. 22841 of 2018.

It is mentioned in paragraph-5 of the modification application that petitioner is employed in defense services and at present he is posted in Rajasthan. Therefore, it is difficult for him to remain physically present on each and every date. He prays for exemption from personal appearance and allow him to appear through Advocate.

In view of such, condition No. 2 of the order dated

Patna High Court CR. MISC. No.31939 of 2019(2) dt.15-05-2019 2/2 22.6.2018 passed in Cr. Misc. 22841 of 2018 is modified to the extent that if a petition under Section 317 Cr. P.C. is filed in the court below, the court below will consider the same in accordance with law. The petitioner will remain physically present as and when required by the court below. This Modification application accordingly stands allowed to the extent indicated above.

(Sanjay Priya, J) S.Ali/- U T