Bharat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48002 of 2018 ====================================================== Bharat Yadav S/o Ambika Yadav @ Amirka Yadav, R/o Vill.- Kailash Nagar, P.S.- Bagaha (pathkhauli), District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Adv. For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 19-09-2018 Seen the report submitted by the District & Sessions Judge, Muzaffarpur. Same is accepted with a warning which should be communicated to the P.O. concerned. At an earlier occasion vide order dated 02.11.2015 while releasing the petitioner on bail, considering the nature of the case petitioner was directed to be physically present before the Meenapur Police Station once in a month till pendency of the trial. On account of procedural fault, his trial remained unattended for years together. Furthermore, petitioner is resident of district West Champaran at Bettiah. In the aforesaid background, it has been prayed that the condition so inflicted at an earlier occasion be recalled as is causing hardship to the petitioner.

The learned Additional Public Prosecutor opposed the same in the background of nature of the case. After considering the rival submission as well as for no fault of the petitioner the trial remained pending before a vacant court, the prayer of the petitioner needs sympathetic

Patna High Court Cr.Misc. No.48002 of 2018 (4) dt.19-09-2018 consideration whereupon, the aforesaid condition is hereby recalled and in terms thereof, order dated 02.11.2015 passed in Cr. Misc. no.48623 of 2015 (Annexure-1) is modified. Instant criminal miscellaneous is accordingly allowed. However, it is made clear that whenever required by the court petitioner will have his physical presence without any excuse, failing which, the court will be at liberty to pass appropriate order. (Aditya Kumar Trivedi, J.) Prakash Narayan U T