Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75858 of 2025 In CRIMINAL MISCELLANEOUS No.60908 of 2025 Arising Out of PS. Case No.-53 Year-2010 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Vikash Kumar S/O Shri Yogendra Tiwari R/O Mirchaibari, P.S.- Sahayak, Dist.- Khagaria. At Present R/at Jhanhara, P.S.- Pasraha, Dist.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddharth Prasad, Advocate :
Mr. Shashank Shekhar, Advocate For the State :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-11-2025 Heard Mr. Siddharth Prasad, learned counsel for the petitioner and Mr. Shantanu Kumar, learned APP representing the State.
2. The present petition has been preferred for the modification of the order dated 08.09.2025 passed in Cr. Misc. No. 60908 of 2025 by the Hon'ble Court, whereby and whereunder the petitioner has been granted the privilege of anticipatory bail.
3. On 08.09.2025, in Cr. Misc. No. 60908 of 2025 (Vikash Kumar vs. The State of Bihar) alongwith Cr. Misc. No. 55855 of 2025 (Raushan Raj vs. The State of Bihar) were taken
Patna High Court CR. MISC. No.75858 of 2025(2) dt.14-11-2025 2/3 up and taking note of the fact that similar others have been extended relief by coordinate Benches, relief was extended to the petitioner. One of the condition warranted petitioner's cooperation in the trial.
4. Now the modification petition has been filed submitting that it may not be possible for him to regularly appear before the Trial Court.
5. Learned counsel for the petitioner submits that as he is serving with the Central Reserve Police Force, may not be able to appear in the trial every time there is date.
6. Learned APP on the other opposes the prayer submitting that the condition clearly shows that if plausible reason is provided, the Trial Court has the discretion for exemption on a particular date. Instead, he wants blanket order allowing his appearance before the Trial Court according to his convenience.
7. This Court is in complete conformity with the submissions put forward by the learned APP. There is a criminal case in which the petitioner has been made an accused, he has been granted relief and it is his duty to appear in trial so that the same is taken to its logical conclusion. Instead, he wants to put spoke in the wheels by delaying the trial.
Patna High Court CR. MISC. No.75858 of 2025(2) dt.14-11-2025 3/3
8. Accordingly, the petition is dismissed with a cost of Rs.1,000/- to be deposited with Patna High Court Legal Services Committee which in turn will be handed over to Supreme Court Vidhik Anuvaad Centre (SUVAS CELL). (Rajiv Roy, J) vinayak/- U