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Patna High Court - Orders

Purnendu Kumar vs The Central Bureau Of Investigation, ... on 26 July, 2024

Author: Chandra Shekhar Jha

Bench: Chandra Shekhar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52652 of 2024
                                              In
                              CRIMINAL MISCELLANEOUS No.72563 of 2021
                        Arising Out of PS. Case No.-6 Year-2018 Thana- C.B.I CASE District- Patna
                 ======================================================
                 Purnendu Kumar Son of Ladli Mohan Chaubey R/O Indu Mohan Smirti
                 Building, Dixon More, RBSS Sahay Road, P.S- Kotwali, Bhagalpur

                                                                                     ... ... Petitioner/s
                                                   Versus
                 The Central Bureau Of Investigation, Through The Superintendent of Police,
                 CBI/ACU-V/ ACH/New Delhi New Delhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Surya Swetabh
                 For the Opposite Party/s :        Mrs. Nivedita Nirvikar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   26-07-2024

1. Heard learned counsel appearing on behalf of the parties.

2. The present modification application has been filed for modification of the order dated 19.07.2022 passed in Cr. Misc. No. 72563 of 2021 regarding condition No. (i), which runs as under:-

"That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical Patna High Court CR. MISC. No.52652 of 2024(2) dt.26-07-2024 2/3 ground of the petitioner, duly supported by the documents."

3. It is submitted by learned counsel that petitioner that accused/petitioner shall co- operate in the trial and shall be present on each and every date before the ld. trial court "after framing of charge till conclusion of the trial".

4. Considering the submission as above, the condition no. (i) as imposed above shall be operational only after framing of charge. Condition No. (i) as above stands modified accordingly.

5. With aforesaid modification, the present modification petition stands disposed of.

6. This order shall be treated as a part of order dated 19.07.2022 passed in Cr. Misc. No. 72563 of 2021.

(Chandra Shekhar Jha, J) Sudha/-

Patna High Court CR. MISC. No.52652 of 2024(2) dt.26-07-2024 3/3 U T