Ashutosh Krishna @ Akash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56533 of 2018 ====================================================== Ashutosh Krishna @ Akash, S/o Shyam Krishna Gupta, resident of A/301, Charminar Apartment, Rajendra Nagar, Road No.12, P.S.- Kadamkuan, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-09-2018 This application has been filed for modification of the order dated 26.04.2017 passed in Cr. Misc. No.9028 of 2017 by which provisional bail of the petitioner in connection with Kankarbagh P.S. Case No.660 of 2016 to the satisfaction of Judicial Magistrate, 1st class, Patna, was confirmed on the same terms and conditions as mentioned in the order dated 16.03.2017 passed in Cr. Misc.No.9028 of 2017.

Counsel for the petitioner submits that petitioner is a Software Engineer and posted in Bengaluru. He has difficulty in remaining present on each and every date during trial. Therefore, he is finding difficulty in complying Condition No. IV of the aforesaid order.

In the circumstances, Condition No. IV is modified to the extent that the necessary petition under Section 317 Cr.P.C.

Patna High Court Cr.Misc. No.56533 of 2018 (2) dt.19-09-2018 2/2 will be filed by the petitioner on the date(s) fixed in the trial Court on which appropriate order will be passed by the Court below. However, he will remain physically present as and when required by the Court below.

This Modification Application is, accordingly, allowed.

(Sanjay Priya, J) JA/- U T