IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2915 of 2011 ASHISH KUMAR Versus THE STATE OF BIHAR ----------- 2 24.2.2011 KHAN In the instant application the petitioner prays for modification of the order dated 26.3.2010 passed by this court in Cr. Misc. No.40624 of 2009 whereby the prayer for anticipatory bail of the petitioner has been allowed subject to the condition that the petitioner will not absent himself in the court below for two consecutive dates till three witnesses are examined in the trial. Learned counsel for the petitioner submits that though the complainant got examined two witnesses, the third witness has not yet been examined. The petitioner is ready to cooperate in the trial. Having regard to the facts and circumstances of the case, the condition of continuance appearance of the petitioner in the court below as ordered on 26.3.2010 in Cr. Misc. No.40624 of 2009 is waived with an observation that the petitioner would cooperate in the trial. The order dated 26.3.2010 passed in Cr. Misc. No.40624 of 2009 is modified to the extent indicated above. In case on account of unavoidable reason, the petitioner is not able to appear in court, he would file an application in the court below which would be disposed of on its own merits. (S.P.Singh,J) 2