Harendra Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48301 of 2017 ======================================================

1. Harendra Prasad, son of late Mangal Prasad

2. Bidya Sagar @ Bidya Sagar Kumar @ Bidya Sagar Prasad, son of Harendra Prasad

3. Bhola Prasad, son of Harendra Prasad All resident of village Chuhari, P.S. Chanpatia, Distt. West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Smt. Sangita Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2017 Heard learned counsel for the Petitioners and the State.

The instant application has been filed for modification of the order dated 06.07.2017 passed in Cr. Misc. 26748 of 2017. Learned counsel for the petitioners has submitted that petitioner No. 3 is working as an Electrician in a company namely, AUTOTRICAL at Visakhapatnam and he is facing very hardship to appear physically on each and every date in the trial, and, hence, he makes a prayer for modification of condition (2) in the order dated 06.07.2017 passed in Cr. Misc. 26748 of 2017. The order dated 06.07.2017 is modified to the extent that petitioner may appear through his lawyer and file application under Section 317 Cr. P.C. which will be at the discretion of the

Patna High Court Cr.Misc. No.48301 of 2017 (2) dt.11-10-2017 2/2 court below to allow and the petitioner will appear physically in the court below as and when required by the court below. This modification application is accordingly disposed off.

Let this order be communicated to the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Chanpatia P.S. Case no. 51 of 2017.

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