Patna High CourtCR. MISC./43618/2018allowed

Avinash Kumar v. State Of Bihar And ANR

2018-07-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43618 of 2018 ======================================================

1. Avinash Kumar, son of Bishwanath Yadav, Resident of Village - Haibashpur, P.S. - Rani Talab, P.O. Saidabad, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sudama Prasad Yadav, son of Rajeshwar Prasad Yadav, resident of Village - Kanpa, P.S. - Rani Talab, District - Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagjit Roshan, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-07-2018 This application has been filed for modification of the order dated 25.04.2018 passed in Cr. Misc. No.18285 of 2018 by which petitioner has been granted anticipatory bail in connection with Rani Talab P.S. Case No.73 of 2016 to the satisfaction of Sub-Divisional Judicial Magistrate, Danapur, Patna, with certain conditions.

Counsel for the petitioner submits that petitioner is feeling difficulty in complying condition no.(2) by which the petitioner has been directed to be present on each every date fixed by the Court since the petitioner is working as Assistant Professor in the School of Law, Christ University, Bengaluru, and it is not possible for him to be present on each and every date. In view of such, condition No.(2) of the order dated 25.04.2018 passed in Cr. Misc. No.18285 of 2018 is modified to

Patna High Court Cr.Misc. No.43618 of 2018 (2) dt.25-07-2018 2/2 extent that in the event petition under Section 317 Cr. P.C. is filed on behalf of the petitioner and the Court is satisfied with reason given in the aforesaid petition, the Court below will allow him to be represented through the lawyer.

However, the petitioner will remain physically present as and when directed by the Court below. The order dated 25.04.2018 passed in Cr. Misc. No.18285 of 2018 stands modified to the aforesaid extent. This Modification Application is, accordingly, allowed.

(Sanjay Priya, J) JA/- U T