IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17025 of 2008 RAM SWARATH YADAV @ SWARATH YADAV Versus STATE OF BIHAR ----------- 02. 16-5-2008 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. This is an application for modification in the order dated 3rd July, 2007 passed in Cr. Misc. No. 16201 of 2007. Learned lawyer for the petitioner submits that petitioner was granted bail with the condition that petitioner shall appear in the court below on each and every date unless prevented by sufficient cause and he shall not tamper with the evidence nor commit any offence. Any breach of the conditions shall result in cancellation of his bail. He further submits that trial is not likely to be concluded in near future and that petitioner has to go out of the State to earn his livelihood. He therefore, submits that personal attendance of the petitioner on each and every date be exempted and he be directed to physically present at the time of framing of the charge, statement under section 313 Cr.P.C. and at the time of judgment. Considered the submissions made. This application is allowed and condition of personal appearance on each and every date is modified to the extent that petitioner shall make proper pairvi on each and every date and in case of failure, the court below shall be at liberty to cancel the bail bond. As submitted, let this order be communicated to the court below, i.e. Chief Judicial Magistrate, Nalanda at Biharsharif through - 2 - fax at the cost of the petitioner. rkp (Anwar Ahmad, J)