IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.39023 OF 2008 PRANAY @ PRANAV KUMAR VERMA, SON OF LATE TEJ NARAYAN PRASAD VERMA, RESIDENT OF MOHALLA MUKHERJEE POKHAR, LAKSHMI SAGAR, POLICE STATION L.N.MITHILA UNIVERSITY, TOWN AND DISTRICT DARBHANGA VERSUS 1. THE STATE OF BIHAR 2. SANJAY KUMAR, SON OF SITA RAM SAH, RESIDENT OF MOHALLA SHIV DHARA, POLICE STATION L.N. MITHILA UNIVERSITY, TOWN AND DISTRICT DARBHANGA …………………………………………………………………OPPOSITE PARTIES ********** 2 06/11/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has filed this application challenging the order dated 29.03.2007 by which the Court below has rejected the application filed under Section 205 of the Code of Criminal Procedure. The petitioner is the authorized dealer of L.G. CDMA Mobile Service Centre. He has prayed that he may be permitted to be represented through a Counsel on the dates fixed by the Court below on the ground that the petitioner in view of his business transactions has to travel in many districts of Bihar and many a times to Nepal. The Court below has rejected the application on the ground that the petitioner has not deposited his passport which would show that he travels to Nepal. In any event, the petitioner being a businessman and since he is required to travel often, it would serve no 2 purpose if the Court insists that he should be present on each and every date. In the result, this application is allowed with the observation that the petitioner ought to appear in the Court below on the dates when the Court specifically required him to appear such as at the time of framing of the charge etc. ANAND ( Sheema Ali Khan, J. )