Hari Prasad Soni v. The Union Of India Through C.B.I. Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9235 of 2023 In CRIMINAL MISCELLANEOUS No.13006 of 2022 Arising Out of PS. Case No.-4 Year-2021 Thana- C.B.I CASE District- Patna ====================================================== HARI PRASAD SONI Son of Late Lalji Ram Soni Resident of House No.- 646, Mahrshi Balmiki Ward, Shraddhar Nagar, Ward No.- 45, Chhindwara, Madhya Pradesh - 480001 ... ... Petitioner/s

Versus

The Union of India through C.B.I. Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar Sharma For the Opposite Party/s :

Mrs.Nivedita Nirvikar, Sr. Adv.

Ms.Richa, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The present petitioner has been filed for modification of condition no. 2 of bail order dated 26.09.2022 passed in Cr. Misc. No. 13006 of 2022 which says that "petitioner shall remain present before the trial court on each and every date without fail, failing which the trial court shall cancel the bail bond of the petitioner".

Learned counsel for the petitioner submits that petitioner is aged about 63 years and he is suffering from peripheral neuropathy and he is handicapped. He further submits that due to condition no. 2 of order dated 26.09.2022,

Patna High Court CR. MISC. No.9235 of 2023(2) dt.22-02-2023 2/2 petitioner is facing problem to remain present before the trial court on each an every date as petitioner is resident of Madhya Pradesh. Hence, he prays that condition no. 2 be modified in the context of his critical health condition.

The learned APP does not raise objection.

In the light of aforesaid submission, condition no. 2 of order dated 26.09.2022 passed in Cr. Misc. No. 13006 of 2022 is modified to the extent that petitioner will co-operate in trial and will remain present during trial and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. In the aforesaid manner, this modification petition stands of.

(Alok Kumar Pandey, J) alok/- U T